Kansas Statutes Annotated

K.S.A. § 8-1014 (2026)

Suspension and restriction of driving privileges for test refusal, test failure or alcohol or drug-related conviction; increased penalties for blood or breath alcohol concentration of 0.15 or greater; ignition interlock device

✓ current as of May 2026

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8-1014. Suspension and restriction of driving privileges for test refusal, test failure or alcohol or drug-related conviction; increased penalties for blood or breath alcohol concentration of 0.15 or greater; ignition interlock device. (a) Except as provided by subsection (e) and K.S.A. 8-2,142, and amendments thereto, if a person refuses a test, the division, pursuant to K.S.A. 8-1002, and amendments thereto, shall:

(1) On the person's first occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for two years to driving only a motor vehicle equipped with an ignition interlock device;

(2) on the person's second occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for three years to driving only a motor vehicle equipped with an ignition interlock device;

(3) on the person's third occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for four years to driving only a motor vehicle equipped with an ignition interlock device;

(4) on the person's fourth occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for five years to driving only a motor vehicle equipped with an ignition interlock device; and

(5) on the person's fifth or subsequent occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for 10 years to driving only a motor vehicle equipped with an ignition interlock device.

(b) (1) Except as provided by subsections (b)(2) and (e) and K.S.A. 8-2,142, and amendments thereto, if a person fails a test or has an alcohol or drug-related conviction in this state, the division shall:

(A) On the person's first occurrence, suspend the person's driving privileges for 30 days and at the end of the suspension, restrict the person's driving privileges as provided by K.S.A. 8-1015(b), and amendments thereto;

(B) on the person's second occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for one year to driving only a motor vehicle equipped with an ignition interlock device;

(C) on the person's third occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for two years to driving only a motor vehicle equipped with an ignition interlock device;

(D) on the person's fourth occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for three years to driving only a motor vehicle equipped with an ignition interlock device; and

(E) on the person's fifth or subsequent occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for 10 years to driving only a motor vehicle equipped with an ignition interlock device.

(2) Except as provided by subsection (e) and K.S.A. 8-2,142, and amendments thereto, if a person fails a test or has an alcohol or drug-related conviction in this state and the person's blood or breath alcohol concentration is 0.15 or greater, the division shall:

(A) On the person's first occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for one year to driving only a motor vehicle equipped with an ignition interlock device;

(B) on the person's second occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for two years to driving only a motor vehicle equipped with an ignition interlock device;

(C) on the person's third occurrence, suspend the person's driving privileges for one year and at the end of the suspension restrict the person's driving privileges for three years to driving only a motor vehicle equipped with an ignition interlock device;

(D) on the person's fourth occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for four years to driving only a motor vehicle equipped with an ignition interlock device; and

(3) Whenever a person's driving privileges have been restricted to driving only a motor vehicle equipped with an ignition interlock device for 10 years under this section, such person may petition any district court for relief from such restriction after five years of such restriction have been served. The court shall consider, but not be limited to, whether: (A) Such person's driving privileges have been restricted, suspended, revoked or disqualified pursuant to another action by the division or a court; and (B) such person proves installation, maintenance and use of an ignition interlock device approved by the highway patrol throughout the five-year period. If the court finds that the person's driving privileges should be restored, then the court shall electronically report such order to the division. The division, upon receiving such order, shall restore such person's driving privileges, unless such person's driving privileges have been restricted, suspended, revoked or disqualified pursuant to another action by the division or a court.

(c) Except as provided by subsection (e) and K.S.A. 8-2,142, and amendments thereto, if a person who is less than 21 years of age fails a test or has an alcohol or drug-related conviction in this state, penalties shall be imposed pursuant to subsection (b).

(d) Whenever the division is notified by a provider, as defined in K.S.A. 8-1008, and amendments thereto, or a court that the person has failed to follow any recommendation made by the provider or otherwise ordered by a court for a conviction of a violation of K.S.A. 8-1567, and amendments thereto, the division shall suspend the person's driving privileges until the division receives notice of the person's completion of such recommendation.

(e) (1) Except as provided in K.S.A. 8-2,142, and amendments thereto, if a person's driving privileges are subject to suspension pursuant to this section for a test refusal, test failure or alcohol or drug-related conviction arising from the same arrest, the period of such suspension shall not exceed the longest applicable period authorized by subsection (a) or (b), and such suspension periods shall not be added together or otherwise imposed consecutively. In addition, in determining the period of such suspension as authorized by subsection (a) or (b), such person shall receive credit for any period of time for which such person's driving privileges were suspended while awaiting any hearing or final order authorized by this act*.

(2) If a person's driving privileges are subject to restriction pursuant to this section for a test failure or alcohol or drug-related conviction arising from the same arrest, the restriction periods shall not be added together or otherwise imposed consecutively. In addition, in determining the period of restriction, the person shall receive credit for any period of suspension imposed for a test refusal arising from the same arrest.

(f) If the division has taken action under subsection (a) for a test refusal or under subsection (b) for a test failure and such action is stayed pursuant to K.S.A. 8-259, and amendments thereto, or if temporary driving privileges are issued pursuant to K.S.A. 8-1020, and amendments thereto, the stay or temporary driving privileges shall not prevent the division from taking the action required by subsection (b) for an alcohol or drug-related conviction.

(g) The provisions of subsections (a), (b) and (c), as amended by this act* and section 14 of chapter 105 of the 2011 Session Laws of Kansas, may be applied retroactively only if requested by a person who has had such person's driving privileges suspended or restricted pursuant to subsection (a), (b) or (c) prior to such amendment. Such person may apply to the division to have the penalties applied retroactively, as provided under K.S.A. 8-1015(g), and amendments thereto.

(h) When modifying penalties pursuant to subsection (g), the division shall credit any suspension or revocation time in excess of one year which was imposed and served prior to retroactive application of the provisions of subsections (a), (b) and (c), as amended by this act* and section 14 of chapter 105 of the 2011 Session Laws of Kansas, toward the required ignition interlock restriction period imposed pursuant to the retroactive application of such provisions if:

(1) The person's driving record indicates no driving by the person during the applicable suspension or revocation period; and

(2) the person completes a form prescribed by the division indicating that the person did not drive during the applicable suspension or revocation period.

(i) As used in this section, "suspension" includes any period of suspension and any period of restriction as provided in K.S.A. 8-1015(a), and amendments thereto.

History: L. 1988, ch. 47, § 7; L. 1989, ch. 38, § 37; L. 1990, ch. 48, § 2; L. 1990, ch. 47, § 2; L. 1993, ch. 259, § 6; L. 1993, ch. 275, § 3; L. 1994, ch. 353, § 10; L. 1999, ch. 125, § 18; L. 2001, ch. 200, § 5; L. 2006, ch. 173, § 3; L. 2007, ch. 181, § 5; L. 2010, ch. 153, § 1; L. 2011, ch. 105, § 14; L. 2012, ch. 172, § 16; L. 2018, ch. 106, § 10; L. 2022, ch. 80, § 11; July 1.

Notes of Decisions

Cited in 52 cases (7 in the last 5 years), 1991–2025 · leading case: Kempke v. Kansas Dep't of Revenue, 133 P.3d 104 (Kan. 2006).

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Kempke v. Kansas Dep't of Revenue, 133 P.3d 104 (Kan. 2006). · cites it 4× “8-1014 (relating to action that may be taken by the KDR against the licensee for an alcohol-or drug-related conviction), insure himself or herself a full due process hearing before any final action is taken against his or her driving privileges for refusing to submit to a test…”

Sloop v. Kansas Dep't of Revenue, 290 P.3d 555 (Kan. 2012). · cites it 3× “, appeals from an administrative action by the Kansas Department of Revenue (KDOR) suspending his driving privileges for 1 year under K.S.A. 2008 Supp. 8-1014(a)(l). Per this statute, privileges can be suspended for refusing to take a breath test the arresting officer is…”

State v. Mertz, 907 P.2d 847 (Kan. 1995). · cites it 3× “Based on the defendant’s breath test of September 1, 1994, the Department of Revenue examiner suspended the defendant’s driver’s license for a period of 30 days’ and restricted it for an additional 330 days pursuant to K.S.A. 1994 Supp. 8-1014. Thereafter, the defendant filed a…”

Creecy v. Kansas Dept. of Revenue, 447 P.3d 959 (Kan. 2019). “the officer shall serve upon the person notice of suspension of driving privileges pursuant to K.S.A. 8-1014, and amendments thereto. If the determination is made while the person is still in custody, service shall be made in person by the officer on behalf of the division of…”

Shrader v. Kansas Dep't of Revenue, 290 P.3d 549 (Kan. 2012). · cites it 3× “Shrader appeals from an administrative action by the Kansas Department of Revenue (KDOR) suspending his driving privileges for 1 year under K.S.A. 2007 Supp. 8-1014(a). Per this statute, privileges can be suspended for refusing to take a breath test the arresting officer is…”

City of Ottawa v. Lester, 822 P.2d 72 (Kan. Ct. App. 1991). · cites it 3× “8-1567(1) provided that “the court shall suspend, restrict or suspend and restrict the person’s driving privileges as provided by K.S.A. 1988 Supp. 8-1014.” Effective January 1, 1991, K.”

Huelsman v. Kansas Dep't of Revenue, 980 P.2d 1022 (Kan. 1999). · cites it 2× “The hearing officer entered an order suspending Huelsman's driving privileges for 1 year pursuant to K.S.A. 1996 Supp. 8-1014(b)(2). On February 28, 1997, the Salina Municipal Court suppressed the evidence because Huelsman was arrested without probable cause.”

Katz v. Kansas Dep't of Revenue, 256 P.3d 876 (Kan. Ct. App. 2011). · cites it 2× “) Moreover, upon receipt of an officer’s certification meeting the statutory requirements, the legislature has mandated that KDR “shall proceed to suspend the person’s driving privileges.”

State v. Jones, 106 P.3d 1 (Kan. 2005). “8-1002 and K.S.A. 1999 Supp. 8-1014. Test results are admissible in evidence at any trial, as are test refusals.”

Bruch v. Kansas Dep't of Revenue, 148 P.3d 538 (Kan. 2006). “8-254 or 8-286, and amendments thereto, mandatory suspension for an alcohol or drug-related conviction under subsection (b) of K.S.A. 8-1014 . . . the cancellation, suspension, revocation, disqualification or denial of a person’s driving privileges by tire division is subject to…”

City of Wichita v. Hackett, 69 P.3d 621 (Kan. 2003). “8-1567(m) provides: “Upon conviction of a person of a violation of this section or a violation of a city ordinance or county resolution prohibiting the acts prohibited by this section, *853 the division, upon receiving a report of conviction, shall suspend, restrict or suspend…”

Drake v. Kansas Dep't of Revenue, 32 P.3d 705 (Kan. 2001). “8-1001(f)(l); K.S.A. 2000 Supp. 8-1014(a). If, however, a person complies with testing as requested, certain rights are triggered under the statute both for the State and for the accused.”

Show all 52 citing cases →

— K.S.A. § 8-1014(a) — 8 cases

Shrader v. Kansas Dep't of Revenue, 290 P.3d 549 (Kan. 2012). “Shrader appeals from an administrative action by the Kansas Department of Revenue (KDOR) suspending his driving privileges for 1 year under K.S.A. 2007 Supp. 8-1014(a). Per this statute, privileges can be suspended for refusing to take a breath test the arresting officer is…”

Hoeffner v. Kansas Dep't of Revenue, 335 P.3d 684 (Kan. Ct. App. 2014).

Furthmyer v. Kansas Dep't of Revenue, 888 P.2d 832 (Kan. 1995).

Call v. Kansas Dep't of Revenue, 831 P.2d 970 (Kan. Ct. App. 1992).

— K.S.A. § 8-1014(a)(l) — 1 case

Sloop v. Kansas Dep't of Revenue, 290 P.3d 555 (Kan. 2012). “, appeals from an administrative action by the Kansas Department of Revenue (KDOR) suspending his driving privileges for 1 year under K.S.A. 2008 Supp. 8-1014(a)(l). Per this statute, privileges can be suspended for refusing to take a breath test the arresting officer is…”

— K.S.A. § 8-1014(b) — 7 cases

State v. Mertz, 907 P.2d 847 (Kan. 1995). “Based on the defendant’s breath test of September 1, 1994, the Department of Revenue examiner suspended the defendant’s driver’s license for a period of 30 days’ and restricted it for an additional 330 days pursuant to K.S.A. 1994 Supp. 8-1014. Thereafter, the defendant filed a…”

Podrebarac v. Kansas Dep't of Revenue, 807 P.2d 1327 (Kan. Ct. App. 1991).

DeLong v. Kansas Dep't of Revenue, 252 P.3d 582 (Kan. Ct. App. 2011).

Fehlhafer v. State, 930 P.2d 1087 (Kan. Ct. App. 1996).

Anderson v. Kansas Dept. of Revenue (Kan. Ct. App. 2021).

— K.S.A. § 8-1014(b)(1)(B) — 1 case

Little v. Kansas Dept. of Revenue (Kan. Ct. App. 2025).

— K.S.A. § 8-1014(b)(2) — 2 cases

Huelsman v. Kansas Dep't of Revenue, 980 P.2d 1022 (Kan. 1999). “The hearing officer entered an order suspending Huelsman's driving privileges for 1 year pursuant to K.S.A. 1996 Supp. 8-1014(b)(2). On February 28, 1997, the Salina Municipal Court suppressed the evidence because Huelsman was arrested without probable cause.”

Juenemann v. Kansas Dep't of Revenue, 257 P.3d 346 (Kan. Ct. App. 2010).

— K.S.A. § 8-1014(b)(2)(A) — 1 case

Katz v. Kansas Dep't of Revenue, 256 P.3d 876 (Kan. Ct. App. 2011). “) Moreover, upon receipt of an officer’s certification meeting the statutory requirements, the legislature has mandated that KDR “shall proceed to suspend the person’s driving privileges.”

— K.S.A. § 8-1014(b)(l) — 3 cases

State v. Schuster, 46 P.3d 1140 (Kan. 2002).

Call v. Kansas Dep't of Revenue, 831 P.2d 970 (Kan. Ct. App. 1992).

Ruble v. Kansas Dep't of Revenue, 973 P.2d 213 (Kan. Ct. App. 1999).

— K.S.A. § 8-1014(c) — 1 case

City of Ottawa v. Lester, 822 P.2d 72 (Kan. Ct. App. 1991). “8-1567(1) provided that “the court shall suspend, restrict or suspend and restrict the person’s driving privileges as provided by K.S.A. 1988 Supp. 8-1014.” Effective January 1, 1991, K.”

— K.S.A. § 8-1014(c)(2) — 1 case

Bussell v. State, 963 P.2d 1250 (Kan. Ct. App. 1998).

— K.S.A. § 8-1014(d) — 1 case

Musick v. Kansas Dep't of Revenue, 825 P.2d 531 (Kan. Ct. App. 1992).

— K.S.A. § 8-1014(e) — 1 case

State v. Gee, 8 P.3d 45 (Kan. Ct. App. 2000).

— K.S.A. § 8-1014(g) — 1 case

State v. Reese, 283 P.3d 233 (Kan. Ct. App. 2012).

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