2nd DUI dismissed "with" predjudice

[michelle67]

What is the name of your state (only U.S. law)? Kansas

I have two DUI arrests on my record in KS. The 2nd was dismissed with predjudice. I have since moved to PA and the DMV in KS states that I am now eligible for a restricted license with an interlock device system for 2 yrs effective 8/2012. My question is, since the 2nd DUI was dismissed with predjudice, why do I still have to have an interlock device system in order to get my driving priviledges restored, especially in Pennsylvania? I was under the assumption that the 1st DUI would be the only one that would be used to get my license reinstated.

 

[FlyingRon]

The interlock requirement stems from the administrative action on your license NOT your criminal case. You needed to have resolved the latter via the administrative procedure. You probably have let things go too far to change them now. It appears that the Kansas laws (at least as now in effect) require at least one year interlock even on the first offense for a high bac, refusal, or history of other action (such as open container, or previous unrelated license suspensions). Just failing the test or refusing the second time around (even without a conviction) gets you two or there years interlock.

You can try a lawyer back in Kansas to see if you have any redress on the second year.