Have A Question? Search This Site:
Losing your driving privileges after a DUI in Kansas can significantly impact daily life—especially when it comes to commuting to work, caring for family, or fulfilling basic responsibilities. Fortunately, Kansas law does offer a path to restricted driving privileges for many drivers, even after a DUI conviction or chemical test failure. These are often referred to as hardship licenses, and while they come with strict conditions, they allow for limited driving during a suspension period.
Understanding who qualifies for a restricted license, how to apply, and what rules apply is crucial for anyone navigating the aftermath of a DUI in Kansas. The process differs depending on whether your suspension resulted from a failed chemical test, a refusal, or a criminal conviction. The timing, eligibility requirements, and restrictions vary based on the nature of the offense and your driving history.
This blog post outlines how restricted or hardship licenses work in Kansas, including the steps needed to apply, how ignition interlock requirements tie in, and what limitations are placed on drivers using these special permits. It’s designed to help clarify the process—not to provide legal advice—so you can understand your options for regaining limited driving privileges after a DUI.
What Is a Restricted or Hardship License in Kansas?
In Kansas, a restricted license—sometimes called a hardship license—allows a person with a suspended license to drive under specific, limited conditions. The purpose is to help individuals maintain employment, attend school, or meet essential obligations during their suspension period.
These restricted licenses are not automatically granted. They require that the driver meet eligibility criteria, complete required steps, and obtain approval through the Kansas Department of Revenue. Most importantly, Kansas law requires the installation of an ignition interlock device (IID) on any vehicle the person drives while using restricted privileges.
Key facts about Kansas restricted licenses:
- They allow driving only with an IID installed
- Eligible only after a suspension period is completed
- Restrictions include driving for work, medical appointments, school, and other essential needs
- Not available during the first year of suspension for those who refuse chemical testing
Who Is Eligible for a Restricted License After a DUI?
Eligibility for a restricted license depends on the type of offense, the number of prior DUI violations, and whether the driver refused chemical testing. Kansas statute outlines specific timeframes and conditions under which a person may apply.
First DUI offense (failed test)
- Eligible after 30-day suspension
- Must install IID for 180 days to one year
- Must apply for restricted privileges through Driver Solutions
Second DUI offense (failed test)
- Eligible after 1-year suspension
- Must install IID for 1 year or more
Refusal of chemical test (first offense)
- Not eligible for restricted license during the first full year of suspension
- After 1 year, IID is required for at least 2 additional years
Commercial Driver’s License (CDL) holders
- Not eligible for restricted CDL privileges
- May apply for non-commercial restricted license for personal driving, subject to IID requirements
The refusal rule is especially important: if a driver refuses to submit to a chemical test, Kansas law enforces a full 1-year suspension with no restricted privileges allowed during that period.
How to Apply for a Restricted License in Kansas
Applying for a restricted license involves several steps and must be initiated through the Kansas Department of Revenue, Division of Vehicles. The process typically includes:
- Serving the required suspension period (varies by offense)
- Installing an IID from a state-approved provider
- Submitting SR-22 insurance (proof of financial responsibility)
- Filing an application for restricted driving privileges
- Paying all required fees, including reinstatement and IID fees
Applicants can begin the process through the Kansas Driver Solutions website, which provides eligibility information, forms, and contact resources. It’s critical that drivers ensure all paperwork is complete and accurate to avoid processing delays.
Ignition Interlock Device Requirement for Restricted Licenses
An ignition interlock device (IID) is mandatory for anyone driving with restricted privileges after a DUI in Kansas. This device requires the driver to pass a breath test before the vehicle starts and may require retests while driving.
Kansas IID requirements vary based on the offense:
- First offense: IID for 6 months to 1 year
- Second offense: IID for 1 to 3 years
- Third offense or more: IID for 3 to 10 years
- Refusals: IID for 2 to 10 years after initial 1-year suspension
Only vehicles equipped with an IID may be driven by the individual with a restricted license. Violating this rule—such as driving a vehicle without an IID—can result in additional penalties, extended suspension, or revocation of restricted privileges.
What Driving Is Allowed with a Restricted License?
A restricted or hardship license in Kansas is not a full reinstatement of driving privileges. It allows for specific, essential purposes only, such as:
- Traveling to and from work or school
- Attending court-mandated programs (e.g., DUI treatment or education)
- Driving for medical appointments
- Operating a vehicle for childcare-related tasks
Restricted licenses are monitored, and any misuse—such as driving for unapproved reasons—can result in the license being revoked. Kansas also monitors compliance with IID usage, including missed calibrations or tampering attempts.
Some drivers may be required to maintain a log of driving activity or provide periodic updates during the restricted period, especially if ordered by the court.
What Happens If You Violate the Terms of a Restricted License?
Violating the terms of a restricted license can have serious consequences in Kansas. Common violations include:
- Driving a vehicle without an ignition interlock
- Driving outside of approved purposes
- Tampering with the IID
- Missing required reporting or calibrations
If any of these occur, the Department of Revenue may:
- Extend the IID requirement
- Revoke restricted privileges
- Reinstate full suspension
- Refer the violation to court authorities, resulting in further penalties
Drivers must also maintain continuous SR-22 insurance coverage. A lapse in coverage may result in immediate cancellation of restricted status.
FAQ About Restricted Licenses After DUI in Kansas
Can I get a restricted license after a first DUI in Kansas?
Yes, after serving a 30-day suspension, most first-time offenders are eligible for a restricted license with an IID installed.
What if I refused the breath test—am I still eligible?
No. For a first refusal, Kansas imposes a 1-year full suspension with no restricted license allowed during that period.
Do I need an IID to get restricted driving privileges?
Yes. Kansas law requires that an IID be installed on any vehicle you drive under restricted privileges.
Can I use a restricted license for work and personal errands?
No. Driving is limited to specific, approved purposes such as work, school, medical care, and court-ordered programs.
What happens if I drive a car without an IID during my restriction period?
This is considered a violation and may result in the revocation of your restricted license and additional penalties.
Conclusion
Kansas law provides a pathway to restricted driving privileges for many individuals after a DUI, but these privileges come with strict conditions and eligibility requirements. Whether you’re facing your first offense or a repeat violation, the process involves serving part of the suspension, installing an ignition interlock device, and applying through the state. Refusing chemical testing, however, blocks access to any restricted license for a full year.
To better understand DUI penalties and consequences in Kansas, including license suspension and reinstatement timelines, visit:
DUI Penalties and Consequences
For specific guidance on license suspension and driving restrictions after a DUI, including IID requirements and reinstatement steps, view this resource:
License Suspension and Driving Restrictions After a DUI