Kansas Community Lashes Out Against Current DUI Laws

In response to the DUI crash that killed a mother and daughter late last week, Kansas state lawmakers and DUI activists have demanded a serious change in DUI laws targeted towards repeat DUI offenders. Gary Hammitt was arrested on Thursday, October 2 on suspicion of two counts of first degree murder, one count of attempted murder, and one count of driving under the influence, after allegedly striking the mother and daughter next to Gardiner Elementary School on Wednesday afternoon. Chemical tests have indicated that Hammitt's blood alcohol concentration (BAC) during the time of the crash was approximately 0.5, which is nearly 6.25 times the legal limit.

Hammitt was arraigned early Friday morning, where it was revealed that he has been convicted four previous times between 1979 and 2005 for driving under the influence. This fact has caused an uprising among lawmakers and civilians alike, who cannot believe that after four drunken driving convictions, Hammitt was still in possession of a valid Kansas driver license.

Under Kansas law, fourth offense DUI offenders are punished similarly to second and third time offenders. Second and third time DUI offenders have their license suspended for one year, which is followed by a year of driving with a restricted license. Only after a fifth DUI conviction does an individual lose his or her license permanently.

President and Chief Executive of the DUI Victim Center of Kansas, Mary Ann Khoury, stated, "I am telling you that there are people in this community who are outraged. We have had nothing but phone calls from people who are just angry." Khoury has predicted that, in the near future, the Kansas legislature will hear from a large amount of people who want longer prison sentences and longer driver license suspensions for multiple offense DUI offenders.

State Senator Phil Journey (R-Haysville), agrees with Khoury, saying that he expects next year's Legislature to reconsider a proposal that would double the minimum sentences for DUI offenders. Instead of serving a minimum two day jail term, a first time DUI offender would be required to spend four days behind bars. This proposal was initially rejected last year due to complaints by local Sheriffs that there was not enough jail space to house all of the DUI offenders.

Senator Journey is also anticipating increased discussion of a law which would require a lifetime license suspension for all third time DUI offenders; a proposal which he would not support. Senator Journey emphasized that for chronic DUI offenders, a suspended license means very little, "The problem is, some of them just keep driving. They play 'police officer roulette' every day...I've had a few who really do abide by the rules, but I've had a lot of them who don't."

Bill Morris, who runs Adolescent, Adult, & Family Recovery, Inc. in Wichita has agreed with protestors that Kansas's DUI laws are much too lax. In order to have the most impact, Morris would like to focus new legislation on first-time DUI offenders. He argued, "I think first time you ought to lose your driver's license for two years--period. I don't think there needs to be any slack."

DUI activists and community members are hoping that this tragedy will send a message to the Kansas Legislature to modify the existing DUI laws, in favor of adopting increasingly harsh penalties for first time offenders and multiple DUI offenders alike.

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