DL PENALTIES
Pursuant to K.S.A. 8-1014, the suspension and restriction of driving privileges for test refusal, test failure or an alcohol or drug related conviction are as follows:
REFUSAL FAILURE FAILURE (BAC .15+)
A CDL holder will be disqualified from operating a CMV for 1 year on a first conviction of K.S.A. 8-1567 or for a test refusal or test failure when operating a noncommercial vehicle. K.S.A. 8-2,142(a)(2)(A) and (B). A person is disqualified for life on a second or subsequent occurrence of any offense identified in K.S.A. 8-2,142(a) “arising out of two or more separate incidents”. K.S.A. 8-2,142(c).
Pursuant to K.S.A. 8-1013(b)(2), “For the purpose of determining whether an occurrence is a first, second or subsequent occurrence: (A) “Alcohol or drug-related conviction” also includes entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging commission of a crime described in subsection (b)(1), including a diversion agreement entered into prior to the effective date of this act; and (B) it is irrelevant whether an offense occurred before or after conviction or diversion for a previous offense.”
[1] Pursuant to K.S.A. 8-1015(b)(1): On and after July 1, 2011, through June 30, 2015:
(A) Except as provided in subsection (b)(1)(B), when a person has completed the suspension pursuant to subsection (b)(1)(A) of K.S.A. 8-1014, and amendments thereto, the division shall restrict the person’s driving privileges for 180 days to driving only a motor vehicle equipped with an ignition interlock device.
(B) When a person has completed the suspension pursuant to subsection (b)(1)(A) of K.S.A. 8-1014, and amendments thereto, the division shall restrict the person’s driving privileges for one year to driving only a motor vehicle equipped with an ignition interlock device if the records maintained by the division indicate that such person has previously: (A) Been convicted of a violation of K.S.A. 8-1599, and amendments thereto; (B) been convicted of a violation of K.S.A. 41-727, and amendments thereto; (C) been convicted of any violations listed in subsection (a) of K.S.A. 8-285, and amendments thereto; (D) been convicted of three or more moving traffic violations committed on separate occasions within a 12-month period; or (E) had such person’s driving privileges revoked, suspended, canceled or withdrawn.