Lawmakers Work to Repair Dysfunctional DUI Laws
In Kansas, a state board appointed to review DUI laws has
said the entire system needs to be reworked. Calling the state's system of punishing DUI offenders
"dysfunctional," the Kansas Substance Abuse Policy board concluded there
were no quick fixes.
According to the Associated
Press, the board was especially critical of the fact that there are no
increased penalties for repeat offenders after a third DUI conviction.
Under Kansas state law, a third DUI conviction is a felony
and is supposed to be prosecuted in state court. However, the board found that the law appears
to reward municipal courts for overlooking prior DUI convictions if it allows
them to collect more revenues through court costs and fines.
According to KAKE
10 News, a new law introduced in Kansas could increase fines and jail
time and create consistency in sentencing for DUI offenders by adding a new
classification called aggravated DUI. Rep. Aaron Jack, who co-sponsored the bill, says that the time has come
to make roads in Kansas safer.
The new proposed law would raise fines to $500, $1,000 and
$1,500 and increases minimum sentences for each DUI offense. The current DUI laws in Kansas have been
called confusing and allow for inconsistency in DUI penalties.
Under the new law, aggravated DUI would include such
offenses as DUI with a minor in the vehicle and DUI with a suspended license.
The bill also includes an "impairment to the slightest
degree" proposal. In every state,
the legal blood alcohol limit for driving is .08. However, a driver can be
impaired at a blood alcohol level of .02 percent. Under the current Kansas DUI laws, the burden
to prove impairment is on the state for drivers who refuse to submit to blood
alcohol content testing. The new law
would relieve the state of that burden.
Kansas lawmakers say the biggest challenge to the new law
would be in finding the resources to accommodate the increased mandatory
penalties.
