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Help moving out of state with breathalyzer!

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NVKIM95

Junior Member
What is the name of your state (only U.S. law)? KS

Hey guys I am moving out of state this weekend and to start my new job but I currently have a breathalyzer with restricted license in Kansas. They won't let me have a physical DL, so I only have a photo ID in my posession but when any LEO looks up my DL/ID number it pops up as being active but with restriction (being the breathalyzer machine). I will be moving to Oklahoma and know that you must register with that state within 10 days to avoid having a catch 22 type of issue. I am needing to know how to go about this. The lady I called with the state of KS says that I need to keep the KS license and that there is no such thing as a 10 day regulation in OK, which I know isn't true. But I need to drive back and forth to work and my errands. I called the lady with the OK DMV and she says that I should be able to get a license being that I only have a ID in my posession instead of a DL, and that she honestly didn't know how to go about trying to transfer a restricted DL from KS. I don't really want to drive back and forth from OK to KS to get calibrations since my truck has over 300,000 miles on it, I don't even know if it will make it. What do I do?
 


Zigner

Senior Member, Non-Attorney
I would suggest that you try calling OK again. Also, are you sure the terms of your license allow you to move?
 

NVKIM95

Junior Member
I would suggest that you try calling OK again. Also, are you sure the terms of your license allow you to move?
I called them and they stated if I wanted to transfer my license I would need an "all clear" from the state of KS, but that if I wanted to just apply for a new license that I would need to take a driving test and all that, written, and bring 2 forms of ID. She also said that since I have an ID in my posession but I technically still have a KS DL, that I could do either or, which confuses me a bit more.

I also don't see why not... my paper doesn't state that I can't move. I need to do what I got to do though because I am currently homeless, just got laid off (though waiting on a callback), and have court and need to have money for food and gas to seek employment.
 
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justalayman

Senior Member
, and have court and need to have money for food and gas to seek employment.
yet you said this in your first post:

Hey guys I am moving out of state this weekend and to start my new job
things that make you go hhmmmm.


Is your breathalyzer court ordered or administratively ordered by the DMV?



but that if I wanted to just apply for a new license that I would need to take a driving test and all that, written, and bring 2 forms of ID.
Nah, not going to work.
 

NVKIM95

Junior Member
yet you said this in your first post:



things that make you go hhmmmm.


Is your breathalyzer court ordered or administratively ordered by the DMV?





Nah, not going to work.
Thanks for the sarcasm. Now for anyone who actually is willing to explain what to do... FYI I just got. Laid off from my last job in aerospace. I have been couch surfing for the last 6 months and now have to live with my mom who moved to OK a few months ago. She has talked to her boss about getting me a position in the company so I need to go down there to hopefully start work, otherwise ill be using a temp agency until I get a call back from my old job. Learn the facts before you decide to judge and assume somebody's position.
 

justalayman

Senior Member
I guess you really aren't serious. You don't want to answer questions that are critical to the answer, it's up to you. It's not me driving around having to blow on something anytime somebody demands it.
 
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NVKIM95

Junior Member
I guess you really aren't serious. You don't want to answer questions that are critical to the answer, it's up to you. It's not me driving around having to blow on something anytime somebody demands it.
It's ordered by the state. Never was officially charged.
 

NVKIM95

Junior Member
the state as in court or the state as in the DMV?


I suspect you are referring to the DMV as in it was an administrative action. Is that correct?
I believe so. I had a one year suspension and the new law requires you to have a breathalyzer in the vehicle for one year following the suspension.
 

justalayman

Senior Member
ok, that removes what I thought first which was you were on probation. That would fall under the: ain't gonna happen category. You have risen to the near impossible and still unlikely category.:D


btw: Oklahoma states that you must obtain an Oklahoma license upon establishing residency in the state.



the part about the ID: I wasn't being flippant. Both states belong to the interstate drivers license compact. That means there is a means of information transfer between the two states that would prevent you, as long as things work as they are designed, getting an OK license by simply pretending you didn't have a KS license and presenting the KS state ID.

I have not found a means to actually do what you want/need to do yet. I'll continue looking though.
 

NVKIM95

Junior Member
ok, that removes what I thought first which was you were on probation. That would fall under the: ain't gonna happen category. You have risen to the near impossible and still unlikely category.:D


btw: Oklahoma states that you must obtain an Oklahoma license upon establishing residency in the state.



the part about the ID: I wasn't being flippant. Both states belong to the interstate drivers license compact. That means there is a means of information transfer between the two states that would prevent you, as long as things work as they are designed, getting an OK license by simply pretending you didn't have a KS license and presenting the KS state ID.

I have not found a means to actually do what you want/need to do yet. I'll continue looking though.
Thanks and sorry about the rudeness earlier. But that is what I can't understand. How do I get a license if i supposedly can't get a license due to the fact that I have a breathalyzer in KS. It's like if I keep my Kansas license I'll get in trouble for not getting an OK license, and if I actually can get one in OK, then where does that leave the KS situation?
 

HighwayMan

Super Secret Senior Member
What is the name of your state (only U.S. law)?They won't let me have a physical DL, so I only have a photo ID in my posession but when any LEO looks up my DL/ID number it pops up as being active but with restriction...
That sounds ridiculous. Your state has no restricted license but there has to be a better way to indicate a restriction than to not issue a license.

What if KS DMV files are temporarily down (which does happen)? If I'm the one stopping you at that point you get your car impounded and a ticket for driving with no license.

Was this your first offense? Were you under a .15? Or were you a refusal?
 

NVKIM95

Junior Member
That sounds ridiculous. Your state has no restricted license but there has to be a better way to indicate a restriction than to not issue a license.

What if KS DMV files are temporarily down (which does happen)? If I'm the one stopping you at that point you get your car impounded and a ticket for driving with no license.

Was this your first offense? Were you under a .15? Or were you a refusal?
Yeah it's pretty crazy. First offense and for a refusal to blow. I have a limited number of days to get a new license here in OK. I mean the one I have for Kansas literally says ID instead of how the standard DL says "DL", but in the system on the KS DMV it shows up active with restrictions. And I hear things form both sides, KS says I have to keep theirs, OK says I could get a new license from them, then other people say their systems are linked together so I have to stick with my KS license but that I need to get a OK license within 10 days... I am so SO confused man LOL
 

NVKIM95

Junior Member
That sounds ridiculous. Your state has no restricted license but there has to be a better way to indicate a restriction than to not issue a license.

What if KS DMV files are temporarily down (which does happen)? If I'm the one stopping you at that point you get your car impounded and a ticket for driving with no license.

Was this your first offense? Were you under a .15? Or were you a refusal?
I have already had my one year suspension, but since the new law went into effect in July 2011, it requires me to have the breathalyzer in my car for an additional year, though I think it's kind of messed up since I got the DUI in Dec 2010 and somehow fall under the new DUI rules. But anyways it is what it is, have a clean record since I had the DUI... if that matters at all.
 

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