Kansas DUI Laws
By law, when you operate a motor vehicle in Kansas you give consent to a blood, breath or urine test if there is probable cause to believe you are under the influence of drugs or alcohol. If you fail or refuse to take the test, your license may be suspended by the Kansas Department of Transportation and you may face criminal charges. If you have been charged with DUI, consider hiring a skilled Kansas DUI attorney who will protect your constitutional rights (e.g., you may have been unlawfully stopped) and help you try to avoid harsher penalties or get your case dismissed altogether.
Kansas DUI penalties are serious. Penalties for conviction for a first DUI may include mandatory jail or community service, alcohol and drug education and/or a treatment program, fines, court costs, probation and evaluation fees, suspended and restricted driving privileges and vehicle impoundment. Penalties increase if a child was in the car (under 14 years of age), if the driver's blood alcohol concentration (BAC) exceeded .15 percent and/or if the driver has prior convictions. There are also special laws for juvenile drivers between the ages of 14 and 18 and zero tolerance laws that apply to drivers under 21 years of age. Speak to an attorney to learn more about Kansas DUI penalties.
If this is your first DUI charge and you were not involved in an accident with injuries, you may be eligible for a DUI diversion program in lieu of a trial. Kansas DUI diversion programs usually include a payment of fines, participation in a drug and alcohol program and any other terms and conditions established by the prosecutor. If you successfully complete the diversion program, the charge is dismissed. However, the diversion will still count as a prior offense if you are later arrested for a new DUI. A Kansas DUI lawyer can best advise you about whether DUI diversion is the right option for you.
Kansas DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Kansas BAC laws may differ from those of other states, as follows.
| Kansas BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense | At least 30 days license suspension |
| Subsequent Offenses | At least 1 year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | At least 30 days or 1 year license suspension, depending on prior convictions |
| Administrative Hearing | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
| Subsequent Offenses | At least 1-year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | At least 1-year license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 30 days (may have conditional license) |
| Prison Term and Community Service | 48 hours in jail or 100 hours community service |
| Fines, Fees, and Surcharges | Approx. $500 to $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol and drug education program |
| Second DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 90 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $1,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol and drug education program |
| Third DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 90 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,500 to $2,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol and drug education program |
| Aggravating Factors that can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Kansas Department of Transportation