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Kansas DUI Law Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Kansas may be charged with DUI and face jail time, fines, and a driver’s license suspension.

Kansas DUI defined

Under Kansas DUI law, it is unlawful for a driver to operate or attempt to operate a vehicle if 1) their alcohol concentration of their blood or breath as measured within two hours time of operating or attempting to operate a vehicle, is 0.08 percent or more; 2) the driver is under the influence of alcohol to a degree that renders them incapable of safely operating a vehicle; or 3) they are under the influence of drugs or a combination of alcohol and drugs to a degree that renders them incapable of safely operating a vehicle.

Kansas Look Back period: 10 years

For most purposes in Kansas the look back period is 10 years, which means a second DUI within a 10 year period may result in more enhanced DUI penalties and higher fines. A third DUI charge, however, is a felony if the driver has had at least one prior offense within the previous 10 years.

Criminal DUI Penalties in Kansas

First DUI offense:
(Misdemeanor)

  • 48 hours of mandatory imprisonment or 100 hours of community service
  • Mandatory completion of a court ordered alcohol and drug safety action education program and/or treatment
  • Fines of $500 up to $1,000 plus court costs, probation and evaluation fees
  • Minimum 30 days license restriction with another potential 330 day restriction
  • Potential vehicle impoundment of up to one year

Second DUI offense:
(Misdemeanor)

  • Potential jail term ranging from 90 days up to one year 
  • Fines ranging from $1,000 to $1,500 plus court costs, probation and evaluation fees
  • Drivers license revocation for one year with mandatory installation of an ignition interlock device for another year
  • Completion of court ordered treatment program for alcohol and abuse
  • Vehicle impoundment for up to one year

Third DUI offense:
(Felony)

  • Jail time ranging from 90 days to one year
  • Fines of $1,500 to $2,500 plus court costs, probation and evaluation fees
  • Mandatory completion of a court ordered treatment program for alcohol and drug abuse
  • Driver’s license suspension for one year followed by a mandatory installation of an ignition interlock device for one year
  • Vehicle impoundment up to one year

Fourth DUI offense:
(Felony charge)

  • Imprisonment for 90 days up to one year
  • Fines of $2,500 plus court costs, probation and evaluation fees
  • Completion of a court ordered treatment program for alcohol and drug abuse
  • Driver’s license suspension for one year with mandatory installation of an ignition interlock device for one year
  • Probation after imprisonment for one year
  • Vehicle impounded for one year

Administrative Penalties in Kansas

Drivers in Kansas have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Kansas Department of Revenue and are imposed regardless of whether the driver is ultimately convicted for DUI.

Drivers who receive the form entitled “Officer’s Certification and Notice of Suspension” (Form DC-27) may have the legal right to request an administrative hearing to challenge their license suspension. Requests for hearings must be made within 14 days from the date of the arrest. Drivers who do not make the request will automatically have their license suspended.

Drivers who refuse or who fail the chemical test will face the following administrative penalties:

  • First test failure with BAC of 0.08% to 0.149%- 30 day license suspension followed by 6 months using an ignition interlock device
  • First chemical test refusal- 1 year license suspension followed by 2 years using an ignition interlock device
  • Second test failure with BAC of 0.08% to 0.149%- one year license suspension followed by one year using an ignition interlock device
  • Second chemical test refusal- 1 year license suspension followed by 3 years using an ignition interlock device

(Read more: - state laws - Kansas )





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