(EDITOR’S NOTE: This is one in a series of articles about driving under the influence of alcohol.)
Whether it’s on New Year’s Eve or any other night of the year, when partying, alcohol and driving are combined, the result is dangerous, to say the least, and even if the most tragic consequences aren’t realized, the result can still be life-changing, according to the warnings from local, state and federal officials.
Driving under the influence is a problems around the nation, and in Kansas, according to information from U.S. Transportation Secretary Ray LaHood.
“Drunk driving remains a leading cause of death and injury on our roadways. I applaud the efforts of the law enforcement officials who have pioneered the ‘No Refusal’ approach to get drunk drivers off our roads. And I urge other states to adopt this approach to make sure that drunk drivers can’t skirt the law and are held accountable.”
Kansas showed a 27-percent-rate of refusal of breath tests in 2005. That and similar percentages from other states have led to the no refusal steps.
Drunk driving continues to be a major issue in Kansas, according to the information from KDOT. While Kansas law makes it illegal to drive with a blood alcohol concentration of .08 or higher, “154 of the 386 traffic fatalities in 2009 were due to alcohol-impaired driving.”
Penalties for ignoring the advice to avoid drinking and driving can be severe in Kansas.
According to information from the Kansas Department of Transportation, penalties include:
• First offense
48 hours of mandatory imprisonment or 100 hours of community service and alcohol and drug safety action education program and/or treatment program (at perpetrator’s expense). Fine of $500 to $1,000 plus court costs, probation and evaluation fees.
Driving privileges will be suspended for 30 days, then restricted for an additional 330 days.
Vehicle can be impounded for up to one year.
• Second offense
90 days to one year imprisonment and fined $1,000 to $1,500 plus court costs, probation and evaluation fees.
Must complete the court ordered treatment program for alcohol and drug abuse.
Driving privileges will be suspended for one year. After a one-year suspension of driving privileges is completed, restricted to driving only a motor vehicle equipped with an ignition interlock device for one year.
Vehicle can be impounded for up to one year.
• Third offense
Charged with a felony offense, receive 90 days to one year imprisonment and be fined $1,500 to $2,500 plus court costs, probation and evaluation fees.
Must complete the court ordered treatment program for alcohol and drug abuse.
Driving privileges will be suspended for one year. After a one-year suspension of driving privileges is completed, restricted to driving only a motor vehicle equipped with an ignition interlock device for one year.
Vehicle can be impounded for up to one year.
• Fourth offense
Charged with a felony offense, receive 90 days to one year imprisonment and be fined $2,500 plus court costs, probation and evaluation fees.
Must complete the court ordered treatment program for alcohol and drug abuse and a year of post-release supervision.
Driving privileges will be suspended for one year. After a one-year suspension of driving privileges is completed, restricted to driving only a motor vehicle equipped with an ignition interlock device for one year.
Vehicle can be impounded for up to one year.
• Fifth and subsequent offense
Charged with a felony offense, receive 90 days to one year imprisonment and be fined $2,500 plus court costs, probation and evaluation fees. One year of post-release probation.
Driving privileges will be permanently revoked.
