Kansas takes impaired driving very seriously, with some amount of mandatory prison time for all second and successive offenses. Upon your first conviction for a DUI (driving under the influence) in Kansas, you will be sentenced to either 48 hours in prison or 100 hours of community service; court-ordered alcohol safety and/or substance treatment program; between $500 and $1,000 in fines; court costs and other fees; plus a 30-day license suspension. But for a second or subsequent offense, you will be required to serve at least 90 days in prison, in addition to steeper fines and longer driver’s license suspension and probation periods.
The best way to avoid such legal problems — which are much worse when bodily injury or death is involved — is to understand the laws and not put yourself in a position to get arrested. But if you have been charged with a Kansas DUI, the following information will help you get a handle on your case.
|Kansas DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent|
|“Per Se” BAC Limit||0.08 Percent|
|Zero Tolerance (Underage) BAC Limit||0.02 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.15 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
|Kansas DUI Laws: Select Penalties|
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||90 days / 1 year / 3 years|
|Mandatory Alcohol Education, Assessment and Treatment||Both (can be mandatory)|
|Vehicle Confiscation Possible?||Yes (up to 1 year)|
|Ignition Interlock Device Possible?||Yes|
Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it’s a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information.
Enhanced Penalties for Certain Types of DUI Charges
Certain instances of driving under the influence are treated as more severe under Kansas law and can result in much stiffer penalties than just a standard DUI. For example, those convicted of a DUI who had a passenger under the age of 14 at the time will receive a mandatory one-month prison sentence. Those convicted of involuntary manslaughter while driving drunk, meanwhile, will receive a 38 to 172-day prison sentence.
Kansas DUI Resources
- Kansas DUI Statute: Driving under the Influence of Alcohol or Drugs (Kan. Stat. Ann. 8-1567).
- Kansas IID Statute: Driving under the Influence… Related Provisions (Kan. Stat. Ann. 8-1015).
- Kansas DUI Laws – Summary of DUI laws in Kansas, including charges and penalties (Kansas Dept. of Transportation).
- DUI Facts and Penalties – Brochure summarizing the penalties for a DUI conviction in Kansas (Kansas Dept. of Transportation).
- Wichita DUI Diversion – Details on Wichita’s DUI Diversion program (City of Wichita).
- Kansas Department of Transportation – The Department’s Traffic Safety Division (Kansas Dept. of Transportation).
- Ignition Interlock Devices Approved in Kansas – Comprehensive list of IIDs that are approved for use in Kansas (Kansas Dept. of Revenue)
Have a Kansas DUI Attorney Review Your Case for Free
Even if you have no plans to challenge the DUI charges against you, there are quite a few variables at play when you are charged. In fact, you will have to contend with the charge against your driver’s license as well as the underlying criminal offense. It’s a lot to take in. Make sure your best interests are protected by having a Kansas DUI attorney evaluate your case for free.