Do I Need a Breathalyzer in My Car After a DUI?
f you've recently been charged with a DUI (Driving Under the Influence), you might be wondering whether you'll need a breathalyzer in your car—also known as an ignition interlock device—to get back on the road. The answer depends on several factors, including the details of your DUI case, whether it’s your first offense, and your blood alcohol concentration (BAC) at the time of your arrest. In most cases, following a DUI conviction, having a breathalyzer installed in your vehicle will be mandatory, especially in states like Kansas.
What is an Ignition Interlock Device?
An ignition interlock device (IID) is a breathalyzer that is installed in your vehicle. It requires you to blow into it before starting your car. If the device detects alcohol on your breath, the car will not start. Additionally, while driving, the IID may require you to submit to periodic breath tests to ensure continued sobriety. Failing a breath test while driving can result in your car stopping and even further penalties.
Having a breathalyzer in your car is not only an inconvenience—it’s also costly. You'll have to pay for the device installation, a monthly service fee, and regular calibration, which is required to keep the device functioning correctly. Despite these inconveniences, it's mandatory for individuals convicted of DUI in many states, including Kansas, to have an IID installed.
When is a Breathalyzer Mandatory in Kansas?
In Kansas, if you are convicted of a DUI or lose your license due to an administrative suspension, you'll be required to install an ignition interlock device in your vehicle. This applies in the following situations:
Administrative License Suspension:
If you fail to request a hearing within 14 days after your DUI arrest or lose your administrative hearing, your license will be suspended. You’ll need a breathalyzer installed to regain your driving privileges.
DUI Conviction:
If you are convicted of DUI through either a plea deal or after a trial, you will be required to have an IID installed to reinstate your license.
In both situations, you cannot get your license back until the ignition interlock device has been installed for the state-mandated period.
Recent Changes in Kansas Law
Previously, the rule was absolute—an IID was required without exception. However, recent changes to Kansas law provide some leniency. If more than five years have passed since your IID requirement began, you can apply for reinstatement of your license, and the state may grant your request, allowing you to drive without an IID.
How Long Will I Need a Breathalyzer in My Car?
The length of time you’ll need to have an IID installed depends on several factors, including how many DUIs you’ve had, whether you refused the breath test, and your BAC level if you took the test. Here's a breakdown:
First-Time DUI
BAC between .08 and .15: 6 months with an IID.
BAC above .15: 12 months with an IID.
Refusal to take the breath test: 24 months with an IID.
Second-Time DUI
BAC between .08 and .15: 12 months with an IID.
BAC above .15: 24 months with an IID.
Refusal to take the breath test: 36 months with an IID.
Third-Time DUI
BAC between .08 and .15: 24 months with an IID.
BAC above .15: 36 months with an IID.
Refusal to take the breath test: 48 months with an IID.
Fourth-Time DUI
BAC between .08 and .15: 36 months with an IID.
BAC above .15: 48 months with an IID.
Refusal to take the breath test: 60 months with an IID.
Fifth-Time DUI
Regardless of BAC or refusal to take the test: 10 years with an IID.
As you can see, the more DUIs you accumulate, the longer you will be required to have a breathalyzer in your vehicle. Refusing a breath test increases the duration of time the IID must remain installed.
What Happens if I Don’t Install the Breathalyzer?
If you are required to have an IID installed in your vehicle and fail to do so, you will not be able to get your driver’s license reinstated. Driving without an IID when one is required can result in additional penalties, including fines and possible jail time. It's important to comply with the court's orders to avoid further legal issues.
How Much Does It Cost to Have a Breathalyzer in My Car?
The cost of having an ignition interlock device in your car can add up quickly. Here's what you can expect:
Installation Fee: Typically, $70 to $150.
Monthly Maintenance Fee: Usually between $60 and $100.
Calibration Costs: The IID must be regularly calibrated, which can cost an additional fee each time.
Over time, these fees can add up, making the IID a significant financial burden in addition to being inconvenient and embarrassing.
Conclusion
If you've been charged with or convicted of a DUI, having a breathalyzer in your car is likely mandatory if you want to get your license reinstated. The length of time you'll need the device depends on the circumstances surrounding your arrest, including your BAC, whether you refused the breath test, and how many prior DUIs you have. While the IID can be a hassle, it's an essential step to regain your driving privileges and comply with Kansas law.
If you're facing a DUI charge, it’s crucial to consult with an experienced attorney to understand your rights and obligations. An attorney can guide you through the process, help you avoid additional penalties, and work to minimize the impact on your life.
Need help with a DUI charge? Contact us today for a consultation and get expert legal advice on how to move forward.