How to get your license back after a DUI in Kansas
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the Kansas Department of Revenue, Division of Vehicles (Driver Solutions Bureau) lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the suspension period
Under K.S.A. 8-1014(b)(1)(A), a first test failure or alcohol-related conviction (BAC .08 to .149) results in a 30-day suspension, after which driving privileges are restricted to an ignition-interlock-equipped vehicle under K.S.A. 8-1015(b); a BAC of 0.15 or greater or a second occurrence carries a one-year suspension (K.S.A. 8-1014(b)(1)(B), (b)(2)). KDOR's Alcohol Actions Chart shows the same periods.
What the source says
“(A) On the person's first occurrence, suspend the person's driving privileges for 30 days and at the end of the suspension, restrict the person's driving privileges as provided by K.S.A. 8-1015(b), and amendments thereto;”
- 2
Install an approved ignition interlock device under the Division's restriction order
When the suspension is completed, K.S.A. 8-1015(c) directs the Division of Vehicles to restrict driving privileges to a vehicle equipped with an ignition interlock device and to issue a copy of the restriction order, which must be carried while driving. The Kansas Highway Patrol states that once a person has an IID restriction, an installation appointment is scheduled with a service center, and the installing technician completes a Kansas Ignition Interlock Installation Verification form that the service provider submits to Driver Solutions.
What the source says
“Upon completion of the installation of a device, the ignition interlock technician who installs the device shall complete a Kansas Ignition Interlock Installation Verification form. The completed form shall be submitted to Driver Solutions by the service provider”
- 3
Drive only interlock-equipped vehicles for the restriction period and keep the device monitored
K.S.A. 8-1015(b)(1) sets the first-occurrence restriction at 180 days (one year under 8-1015(b)(2) if the record shows prior listed convictions, three moving violations in 12 months, or a prior withdrawal); longer periods apply under K.S.A. 8-1014 for higher BAC, refusals and repeat occurrences. The Highway Patrol states the device is monitored regularly so data can be uploaded and the device calibrated; K.S.A. 8-1015(d)(1) requires proof of installation for the entire required period before full reinstatement.
What the source says
“Proof of the installation of such ignition interlock device, for the entire period required by the applicable law, shall be provided to the division before the person's driving privileges are fully reinstated.”
- 4
Complete the ignition interlock device program (final download and compliance review)
K.S.A. 8-1015(d)(2) requires every person with a required interlock to complete the ignition interlock device program, which is possible only with no more than two standard violations and no serious violation in the 90 consecutive days before applying for reinstatement, with the application made on or after the interlock period expires; the approved service provider sends proof of completion to the Division. The Highway Patrol describes a final download on the last day of the restriction and a mandatory Compliance Review Process before KDOR issues a valid license.
What the source says
“A person may only complete the ignition interlock device program if the person has not more than two standard violations and no serious violation in the 90 consecutive days prior to application for reinstatement”
- 5
File evidence of liability insurance (SR22) when Driver Solutions requests it
KDOR's Imposed Actions on Major Violations chart marks a K.S.A. 8-1567 DUI conviction as 'Requires SR22' and states the SR22 should not be obtained until requested by Driver Solutions, because no credit is given for an SR22 received before the notice of the requirement. K.S.A. 40-3118(d)(1) requires the insurer to keep evidence of insurance on file with the Division for one year after conviction of a violation enumerated in K.S.A. 8-285, which includes DUI.
What the source says
“**SR22 should not be obtained until requested by Driver Solutions, no credit will be given if an SR22 is received before notification of the requirement is sent.”
- 6
Pay the reinstatement fee
KDOR's Alcohol Actions Chart lists a $200 reinstatement fee for a first-occurrence DUI conviction or chemical test failure ($400, $600 and $800 for later occurrences; $600 for a first administrative test refusal). KDOR states the alcohol reinstatement fee may be paid online.
What the source says
“DUI Conviction 30 Day Suspension 1 Year Suspension ... BAC .08 to .1499 6 Month or 1 Year Interlock 1 Year Interlock 2 Year Interlock 3 Year Interlock 10 Year Interlock Driving Record Code (A08) $200 Reinstatement Fee $400 Reinstatement Fee $600 Reinstatement Fee $800 Reinstatement Fee $800”
- 7
Obtain KDOR's removal order and apply for return of the license
The Highway Patrol states that an order from KDOR removing the IID restriction must be issued before a removal appointment can be scheduled. K.S.A. 8-1015(f) provides that on expiration of the interlock period and completion of the interlock program, the licensee may apply to the Division for return of any surrendered license, or for a new license on payment of the proper fee if the license has expired.
What the source says
“Upon expiration of the applicable ignition interlock period required by law and completion of the ignition interlock device program as described in subsection (d), the licensee may apply to the division for the return of any license previously surrendered by the licensee.”
Official reinstatement page: Kansas Department of Revenue, Division of Vehicles (Driver Solutions Bureau)
Conditions that travel with reinstatement
| Reinstatement fee | $200 |
|---|---|
| SR-22 / financial-responsibility filing | Yes · 1 years — details |
| Ignition interlock | Kansas interlock rule |
| Required program | Alcohol and drug evaluation (K.S.A. 8-1008) |
| Driving during the suspension | Restricted ignition interlock status (modification of an alcohol-related suspension, form DC-1015) |
Required program: Alcohol and drug evaluation (K.S.A. 8-1008)
K.S.A. 8-1567(b)(4) requires the court, before sentencing for a first or second DUI conviction, to order an alcohol and drug evaluation conducted by a provider under K.S.A. 8-1008, and the person must follow the provider's recommendations unless the court orders otherwise. Under K.S.A. 8-1008 the evaluation is performed by a provider licensed by the behavioral sciences regulatory board (or working in a KDADS-licensed treatment facility), uses a standardized substance use evaluation approved by the Secretary for Aging and Disability Services, and costs not less than $150, paid by the person. This is a court sentencing requirement; the KDOR pages fetched do not list it as a Division of Vehicles reinstatement condition.
“prior to sentencing, an alcohol and drug evaluation shall be conducted on any person who is convicted of a violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or the ordinance of a city or resolution of a county in this state which prohibits the acts prohibited by those statutes.”
Driving during the suspension: Restricted ignition interlock status (modification of an alcohol-related suspension, form DC-1015)
K.S.A. 8-1015(a) allows a person whose driving privileges are suspended under K.S.A. 8-1014 to apply to have the privileges restricted for the suspension period to driving only an interlock-equipped vehicle; the Division assesses a $100 application fee and approves the request unless the privileges are restricted, suspended, revoked or disqualified by another action. KDOR form DC-1015 states the applicant must be suspended under K.S.A. 8-1014(a), (b) or (c), must not be suspended, revoked or cancelled for a non-alcohol occurrence, must provide proof of installation of a state-approved device before restricted privileges are issued, and that time served on the modified restriction does not count toward the interlock period that follows; modifications do not apply to under-21 drivers with a BAC under .08. A violation of the restriction adds a one-year suspension (K.S.A. 8-1015(a)(3)).
“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.”
When the interlock can be removed
Removal is compliance-based and authorized by KDOR. K.S.A. 8-1015(d)(2) requires completion of the ignition interlock device program, which the person can complete only with no more than two standard violations (start-up or rolling-retest BrAC fails, missed or refused retests, high BrAC at start-up) and no serious violation (tampering, circumvention, high BrAC on a rolling retest) in the 90 consecutive days before applying for reinstatement, with the application made on or after the required interlock period expires; the approved service provider sends proof of completion to the Division. The Kansas Highway Patrol states the user schedules a final download on the last day of the restriction and that an order from KDOR removing the IID restriction must be issued before a removal appointment can be scheduled. K.S.A. 8-1017(c) extends the restriction 90 days for a first tampering/circumvention conviction and restarts the original period for a second such conviction or for driving a vehicle without a device. No early-removal provision and no removal fee cap are stated; the Highway Patrol notes the vendor's agreement may include a removal fee.
Compliance period: Not more than two standard violations and no serious violation in the 90 consecutive days prior to application for reinstatement, with the application on or after expiration of the interlock period (K.S.A. 8-1015(d)(2))
“A person may only complete the ignition interlock device program if the person has not more than two standard violations and no serious violation in the 90 consecutive days prior to application for reinstatement”
Questions about reinstatement in Kansas
- What must be provided to the Kansas Division of Vehicles before a license is fully reinstated after a DUI?
- K.S.A. 8-1015(d) requires proof of installation of an approved ignition interlock device for the entire required period and proof, from the approved service provider, that the person completed the ignition interlock device program. KDOR's Alcohol Actions Chart lists a $200 reinstatement fee for a first-occurrence DUI conviction, and KDOR's Imposed Actions chart marks a DUI conviction as requiring an SR22, to be obtained only when Driver Solutions requests it.
- When can an ignition interlock device be removed in Kansas?
- Under K.S.A. 8-1015(d)(2), the interlock program is completed only if the person has no more than two standard violations and no serious violation in the 90 consecutive days before applying for reinstatement, and applies on or after the interlock period expires. The Kansas Highway Patrol states that a final download is done on the last day of the restriction and that KDOR must issue an order removing the IID restriction before a removal appointment can be scheduled.
- Can a driver in Kansas drive during the alcohol-related suspension period?
- K.S.A. 8-1015(a) allows a person suspended under K.S.A. 8-1014 to apply to the Division of Vehicles, with a $100 application fee, to have the suspension period restricted to driving only a vehicle equipped with an ignition interlock device. KDOR form DC-1015 states that proof of installation of a state-approved device is required before restricted privileges are issued and that time served on the modified restriction does not count toward the interlock period that follows.
Sources
- KDOR Division of Vehicles – Suspended Licenses / Driver Solutions (links to reinstatement payments, modification applications, alcohol action chart, interlock providers)
- KDOR Division of Vehicles – Revocation or Suspension Frequently Asked Questions (online fee payment; interlock exceptions)
- KDOR – Alcohol Actions Chart: suspension time, ignition interlock time, fees (PDF, Rev 05/2022)
- KDOR – Imposed Actions on Major Violations (PDF; SR22 requirement and interlock extension rows)
- KDOR form DC-1015 – Application to Modify Alcohol Related Suspension or Revocation (PDF, Rev. 08/23)
- Kansas Highway Patrol – Ignition Interlock Program (mandatory Compliance Review Process)
- Kansas Highway Patrol – Install or Remove Interlock Device (installation verification form, monitoring, final download, KDOR removal order)
- Kansas Highway Patrol – Ignition Interlock Program FAQs (install/monitor/final download/removal process)
- K.S.A. 8-1014 – Suspension and restriction of driving privileges (Kansas Revisor of Statutes; reused from the verified state record)
- K.S.A. 8-1015 – Authorized restrictions; ignition interlock device; completion of ignition interlock device program (Kansas Revisor of Statutes)
- K.S.A. 8-1017 – Circumvention of ignition interlock device; extension/restart of restriction period (Kansas Revisor of Statutes)
- K.S.A. 8-1567 – Driving under the influence; court-ordered alcohol and drug evaluation (Kansas Revisor of Statutes)
- K.S.A. 8-1008 – Alcohol and drug evaluations; providers (Kansas Revisor of Statutes)
- K.S.A. 40-3118 – Evidence of insurance to be maintained on file for one year after enumerated convictions (Kansas Revisor of Statutes; reused from the verified state record)