Removal of Ignition Interlock after 5 years in Kansas

Posted by Matt McLane | Apr 28, 2025 | 0 Comments

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.   

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.

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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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