Kansas Attorney Paul D. Cramm - Vehicle Immobilization
Pursuant to K.S.A. §8-1567(l)(1), Kansas Law now requires that upon a second or subsequent conviction for DUI, a driver must have any and all vehicles titled in his or her name either impounded or immobilized by the installation if a wheel lock for a period of 2 years. The cost for impound or immobilization is charged directly to the driver.
As an alternative to physical impound or immobilization, the driver may elect to have an Ignition Interlock device installed in any and all vehicle he or she owns. Once installed, the vehicle will not start unless a sample of breath is blown into the interlock device that tests 0.00% for alcohol. Installation of this device does not allow a driver to operate the vehicle during the statutorily mandated period of driver’s license suspension. This simply ensures that the vehicle will not be operated by anyone who is under the influence of alcohol. If you choose to satisfy this requirement by means of Ignition Interlock, I recommend that you contact Smart Start of Kansas at (866) 747-8278 to locate the nearest state approved installer and to schedule installation. [www.SmartStartkansas.com]
The foregoing protocols apply to any and all vehicles owned individually or jointly by the driver. Therefore, formally transferring legal ownership of any and all vehicles titled individually or jointly in the driver’s name to another person effectively negates the foregoing requirements.
Please note that in the event you choose to resolve a second or subsequent DUI case by means of plea negotiation or if you proceed with trial and are ultimately found “guilty” of DUI, you will be required to comply with the statutorily required vehicle impound, immobilization, or ignition interlock as set forth above. Please be prepared to present verification of immobilization, impound, installation of Ignition Interlock device, or outright transfer of vehicle ownership prior to the day you appear in court for sentencing in this case.
