DUI Laws in Kansas

Laws and penalties for DUI in Kansas.

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In Kansas, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Kansas says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Kansas and other details about Kansas DUI law.

In Kansas, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Kansas, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year license suspension

2 year license suspension

2 year license suspension

In Kansas, when do police have to measure your blood alcohol content (BAC)?

In Kansas, law enforcement officers are supposed to measure your BAC within 2 hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Kansas?

In Kansas, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. The penalty if the BAC is greater than .02% but less than .08% is a 30 day license suspension.

What are the minimum jail times for a DUI in Kansas?

Here are the minimum jail times for a DUI in Kansas, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

2 days jail or 100 hours community service

5 days jail

90 days jail

How long will prior DUI convictions remain relevant for sentencing purposes in Kansas?

In Kansas, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for good.

Can a DUI be “pleaded down” to a "wet reckless" in Kansas?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Kansas?

Yes, an ignition interlock device is required for second and subsequent convictions, for 2 years.

Where can I get more information about DUI laws in Kansas?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Kansas DUI attorneys in your area.

Last updated on 09/01/2010.

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