Driving after a DUI in Kansas: the Restricted Driving Privileges (modification of an alcohol-related suspension to ignition interlock, form DC-1015)
In Kansas, a first-offense DUI driver can apply for Restricted Driving Privileges (modification of an alcohol-related suspension to ignition interlock, form DC-1015) with no waiting period. The licensing agency issues it. An ignition interlock is required; DUI-program participation is not required. The deadline to request a hearing on the administrative suspension is 14 calendar days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Kansas Department of Revenue, Division of Vehicles (Driver Solutions Bureau) state, each quoted from the source.
Also called: Modified Driving Privileges (KDOR page title 'Apply for Modified Driving Privileges'); Application to Modify Alcohol Related Suspension or Revocation (form DC-1015); restricted ignition interlock status (K.S.A. 8-1015(a)(2)).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 14 calendar days |
|---|---|
| Temporary driving permit after arrest | 30 days |
| Where to request it | ksrevenue.gov |
The notice is the 'law enforcement officer's certification and notice of suspension' (K.S.A. 8-1002; KDOR form DC-27). KDOR states a hearing request may be made by mailing a written request postmarked within 14 calendar days after the date of service of the officer's certification, or by fax to the Division of Vehicles within 14 calendar days, with 3 additional days if served by mail (K.S.A. 60-206(d)); the request must include full name, license number, birth date, telephone number, current address, and whether the certifying officer(s) should be subpoenaed. K.S.A. 8-1020(d)(2) sets a $50 hearing fee payable within the request period. The officer issues a temporary license effective until the 30th day after service (8-1002(e)); a timely request and fee extend it until the 30th day after the division's decision (8-1020(b)). If no timely request and fee are made, the privileges are suspen
“A hearing request may be made either by mailing a written request which is postmarked within 14 calendar days after the date of service of the officer’s certification, or by sending a written request by electronic facsimile (fax) to the Division of Vehicles within 14 calendar days”
Who can get it, and how soon
| After a first DUI | Available after a first DUI |
|---|---|
| Days before eligible — test failure | no waiting period |
| Days before eligible — test refusal | no waiting period |
| Issued by | The licensing agency |
KDOR form DC-1015 states a person may apply to have an alcohol or drug related suspension modified to operate a motor vehicle equipped with an ignition interlock device if the driving privileges are suspended under K.S.A. 8-1014(a), (b) or (c) (test refusal, test failure, or DUI conviction) and are not currently suspended, revoked or cancelled for a non-alcohol occurrence. Modifications do not apply to under-21 drivers with a BAC under .08, and a disqualified commercial driving privilege remains disqualified.
“You may apply to the Division of Vehicles for a determination on whether you are eligible to have your alcohol or drug related suspension or revocation modified to operate a motor vehicle equipped with an ignition interlock device.”
K.S.A. 8-1015(a)(1) allows a person whose privileges are suspended under K.S.A. 8-1014 to apply to have them restricted 'for the suspension period' to driving only an interlock-equipped vehicle, and no waiting period is stated in the statute or on form DC-1015; the division approves the request unless the privileges are restricted, suspended, revoked or disqualified by another action, and issues the restriction order upon proof of installation. For a first test failure with BAC .08-.1499 the suspension is 30 days followed by a 180-day (or one-year) interlock restriction (K.S.A. 8-1014(b)(1)(A), 8-1015(b)); a first test failure at .15 or greater is a one-year suspension followed by one year of interlock (8-1014(b)(2)(A)); a first refusal is a one-year suspension followed by two years of interlock (8-1014(a)(1)). The suspension does not begin until the 30th day after service of the officer
“such person may apply to the division for such person's driving privileges to be restricted for the suspension period to driving only a motor vehicle equipped with an ignition interlock device.”
Conditions attached to the privilege
| Ignition interlock | Required — Kansas interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Pending verification · 1 years on file — details |
| DUI program / education | Not required |
| Fee for the privilege | $100 |
| Full reinstatement later | fee $200; SR-22 Yes — reinstatement steps |
Form DC-1015 requires: a $100 non-refundable application fee; driving privileges suspended under K.S.A. 8-1014(a), (b) or (c); no current suspension, revocation or cancellation for a non-alcohol or drug related occurrence; and, if approved, proof of installation of a State-approved ignition interlock device before restricted driving privileges are issued. A denied application requires another $100 fee to re-apply. KDOR's 'Apply for Modified Driving Privileges' page says the application is made through the KDOR Customer Service Center online account or by the printable DC-1015 mailed to Division of Vehicles, Driver Solutions, PO Box 12021, Topeka KS 66601-2021. No evaluation, education, or SR-22 item appears on DC-1015; KDOR's Imposed Actions chart marks SR22 as required for the underlying test-failure and DUI actions but says it should not be obtained until requested by Driver Solutions.
“If approved, you will be required to provide proof of installation of a State-approved ignition interlock device before a restricted driving privileges are issued. If the application is denied, the reason(s) for the denial will be stated.”
Where and when it allows driving
Driving is restricted for the suspension period to a motor vehicle equipped with an ignition interlock device; no purpose, hour or geographic limits are stated. K.S.A. 8-1015(e) allows a person restricted to an interlock vehicle to operate an employer's vehicle without a device during normal business activities if the person does not own or control the vehicle or business, except a person whose privileges were restricted for the remainder of a one-year suspension under 8-1015(a)(1). A conviction for violating the restriction adds a one-year suspension (8-1015(a)(3)).
“any person whose license is restricted to operating only a motor vehicle with an ignition interlock device installed may operate an employer's vehicle without an ignition interlock device installed during normal business activities”
How it is issued
The licensing agency issues the Restricted Driving Privileges (modification of an alcohol-related suspension to ignition interlock, form DC-1015).
Official page: ksrevenue.gov
The statute: K.S.A. 8-1015(a)
“The division shall assess an application fee of $100 for a person to apply to modify the suspension to restricted ignition interlock status.”
Questions about driving after a DUI in Kansas
- Can a Kansas driver drive during the 30-day suspension after a first failed breath test?
- K.S.A. 8-1015(a) allows a person suspended under K.S.A. 8-1014 to apply to the Division of Vehicles to have the privileges restricted for the suspension period to driving only an ignition-interlock-equipped vehicle. KDOR form DC-1015 sets a $100 non-refundable fee and requires proof of installation of a state-approved device before the restricted privileges are issued; time on the modified restriction does not count toward the interlock period that follows.
- How long does a Kansas driver have to request the administrative hearing?
- KDOR's Administrative Hearing Information page states the written request must be postmarked or faxed within 14 calendar days after the date of service of the officer's certification, plus 3 days if served by mail. K.S.A. 8-1020 sets a $50 hearing fee payable within the same period; the temporary license issued at arrest runs until the 30th day after service and is extended while a timely hearing is pending.
- What can be driven on Kansas restricted ignition interlock privileges?
- Under K.S.A. 8-1015, the restriction limits the person to a motor vehicle equipped with an ignition interlock device for the suspension period; no purpose or hour limits are stated. K.S.A. 8-1015(e) allows driving an employer's vehicle without a device during normal business activities if the person does not own or control the vehicle or business, except for persons restricted for the remainder of a one-year suspension.
Sources
- KDOR form DC-1015 – Application to Modify Alcohol Related Suspension or Revocation (PDF, Rev. 08/23)
- KDOR Division of Vehicles – Apply for Modified Driving Privileges (Customer Service Center application; DC-1015 printable form)
- KDOR Division of Vehicles – Administrative Hearing Information (14 calendar days; request contents; mailing address and fax)
- KDOR Division of Vehicles – Revocation or Suspension FAQ (modification eligibility; employer vehicle exception)
- KDOR – Alcohol Actions Chart: suspension time, interlock time, reinstatement fees (PDF, Rev 05/2022)
- KDOR – Imposed Actions on Major Violations (PDF, Rev. 01/2023; SR22 column)
- K.S.A. 8-1015 – Authorized restrictions of driving privileges; ignition interlock device; $100 application fee (Kansas Revisor of Statutes)
- K.S.A. 8-1014 – Suspension and restriction of driving privileges for test refusal, test failure or conviction (Kansas Revisor of Statutes)
- K.S.A. 8-1002 – Officer's certification and notice of suspension; temporary license until the 30th day (Kansas Revisor of Statutes)
- K.S.A. 8-1020 – Administrative hearing request within 14 days; $50 hearing fee; extension of temporary license (Kansas Revisor of Statutes)