TOPEKA, Kan. – Legislators sent Gov. Sam Brownback a mega-bill Thursday upping the penalties for drunk driving and requires convicted drunk drivers to use a device that locks up a car ignition if the driver fails a breathalyzer test.
Other provisions hike the fine for driving drunk by $250 and direct the extra money toward Kansas community corrections agencies. A new statewide database of DUI offenders will ensure those who drive drunk in multiple jurisdictions will face an escalation of penalties rather than first time charges for each occurrence.
Legislators focused on ways to keep drunk drivers off the road, looking heavily to ignition interlock in the new punishments rather than simply license suspension. The technology affixes to a car’s ignition system at a cost to the user of $2.11 per day, and will only allow the vehicle to start if the driver blows a clean breathalyzer test.
“Statistics show 80 percent of people with suspended licenses still drive and they still drive drunk,” said state Rep. Pat Colloton, a Republican from Leawood who sponsored the bill on the House floor. “It’s absolutely recognizing that suspending licenses does not have the effect of putting an interlock in.”
Kansans who currently have suspended licenses can apply to have an ignition interlock installed in their car in exchange for driving privileges. The application will carry a fee of $100, which will also go to community corrections agencies.
Lawmakers hope the extra fees from retroactive ignition interlocks and increased DUI fines will help local corrections agencies who will now have to shoulder the responsibility of increased supervision of offenders. The 2012 budget originally cut funding for the agencies by $2 million. However, $1.5 million was replaced during budget negotiations.
“I believe that how we funded this bill from the state general fund and fines, we’ve come up with a formula that will most appropriately fund community corrections,” said state Rep. Melody McCray-Miller, a Democrat from Wichita and ranking minority member of the Corrections and Juvenile Justice Committee.
The Kansas Department of Transportation put forth $2.5 million from its technology fund to pay for the central repository database, which will keep track of all DUI offenders in the state.
“We believe that by funding the central repository, it will reduce deaths and injuries related to DUI crashes which is why we believe it’s so important that it be funded,” said Lindsey Douglas, chief of governmental affairs for KDOT.
The Kansas Bureau of Investigation will maintain and administer the repository. Each of the 105 counties in Kansas will have to streamline their technology to correlate with the KBI, so there will be an implementation period as local governments get on board.
First time DUI offenders with a clean driving record will now be required to drive with an ignition interlock for six months. But first time DUI offenders with three or more traffic violations will be subject to an interlock for a year. Subsequent DUI convictions carry penalties that increase the interlock requirement time by one year for each offense.
State Rep. Lance Kinzer, a Republican from Olathe was critical of the way the bill allows drivers with five or more DUIs to retain their licenses in some cases with an interlock caveat.
“I too think it’s a mistake to get rid of revocation provisions for those who have shown time and time again they’re going to go through ignition interlock and still have cases where they’re still being allowed to drive and not have their license revoked,” Kinzer said.
Nonetheless, Kinzer supported the legislation, with hopes the lawmakers would revisit the issue next year. The bill received a unanimous 121 to 0 vote in the House. The Senate approved the bill on a 39-0 vote.
The bill is a result of more than two years of work by a legislative the DUI Commission, a panel of lawmakers, public officials and concerned citizens who listened to testimony and brought ideas to put in a final recommendation to the legislature.
Currently all states except Alabama have some sort of ignition interlock requirement for varying levels of DUI convictions according to the National Council of State Legislatures. Kansas previously required interlocks for one year after license reinstatement for second, third, or fourth DUI offenses.
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