If your Kansas license is restricted to driving with an interlock device (IID) for 10 years due to multiple DUI convictions, then action can be taken after 5 years to remove the IID. The action is called a "Petition to Modify Driving Privileges" and can be filed in any district court in Kansas. Your attorney will file a Petition and name the KS Department of Revenue (DOR) as a defendant to the action. The attorney must serve the DOR with a copy of the Petition and work with the DOR attorneys to convince them the client has met the statutory guidelines of time (5 years) and of monthly maintenance of the IID during the 5 years. There must be no lapses in the maintenance and usage of the device. Also, the highway patrol will play a role in the modification process. The highway patrol will review records from the IID custodian (agency who calibrates the device each month) to verify whether there are any positive tests within the last 90 days of usage. A positive test refers to whether the IID registers alcohol on the driver's breath during use of the vehicle, including at start up. A positive test will lead to further delays in getting the device removed.
Removal of the IID is critical to restoring one's confidence and getting back to normal. It also saves the driver the monthly fee of $100 or more charged by the IID custodian agencies. This provision in the DUI statute only applies to 10-year IID requirements. Those required to have the device for 1,2, 3 or 4 years can not apply for early removal.
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