Olathe Vehicle Immobilization Lawyers
Kansas Attorney Paul D. Cramm - Vehicle Immobilization
Prior to July 1, 2011, Kansas Law required 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 was charged directly to the driver.
Effective July 1, 2011, vehicle immobilization is no longer mandatory upon a second or subsequent lifetime conviction. Vehicle Immobilization is entirely discretionary with the sentencing Court and is available for any and all DUI convictions - even for a first offense.
K.S.A. 8-1567 (g) now provides:
"(1) Except as provided in paragraph (5), in addition to any other penalty which may be imposed upon a first conviction of a violation of this section, the court may order that the convicted person's motor vehicle or vehicles be impounded or immobilized for a period not to exceed one year and that the convicted person pay all towing, impoundment and storage fees or other immobilization costs.
(2) The court shall not order the impoundment or immobilization of a motor vehicle driven by a person convicted of a violation of this section if the motor vehicle had been stolen or converted at the time it was driven in violation of this section.
(3) Prior to ordering the impoundment or immobilization of a motor vehicle or vehicles owned by a person convicted of a violation of this section, the court shall consider, but not be limited to, the following: (A) Whether the impoundment or immobilization of the motor vehicle would result in the loss of employment by the convicted person or a member of such person's family; and (B) whether the ability of the convicted person or a member of such person's family to attend school or obtain medical care would be impaired.
(4) Any personal property in a vehicle impounded or immobilized pursuant to this subsection may be retrieved prior to or during the period of such impoundment or immobilization.
(5) As used in this subsection, the convicted person's motor vehicle or vehicles shall include any vehicle leased by such person. If the lease on the convicted person's motor vehicle subject to impoundment or immobilization expires in less than one year from the date of the impoundment or immobilization, the time of impoundment or immobilization of such vehicle shall be the amount of time remaining on the lease."
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.
