DUI Laws in Kansas

Laws and penalties for DUI in Kansas.

In Kansas, you can get a DUI if you drive or attempt to drive with a blood alcohol concentration (BAC) of .08% or higher, regardless of whether your driving ability was actually impaired. However, you can also get a DUI if you drive or attempt to drive a vehicle while impaired to a degree that renders you “incapable of safely driving a vehicle.”

And the law in Kansas says that if you’re driving or attempting to drive a vehicle, you've 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  a  DUI?

Here's some of the consequences for refusing to take a breath or blood test in Kansas:

1st offense

2nd offense

3rd offense

1 year license suspension followed by 2 years driving only with an IID (ignition interlock device)

1 year license suspension followed by 3 years driving only with an IID

1 year license suspension followed by 4 years driving only with an IID

 

In Kansas, when do police have to measure your BAC?

In Kansas, law enforcement officers are supposed to measure your BAC within three hours of driving. However, prosecutors might be able to prove your culpability for a 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 BAC for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.  A first offense results in a 30 day license suspension. For a second offense, your license will be suspended for one year.

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, when you're being sentenced for a DUI,  typically only prior DUI convictions that occurred on or after July 1, 2001 can be used to increase your sentence. However, a third DUI counts as a felony if you have at least one prior offense within the past ten years.

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

In some states, it’s possible for a driver who’s charged with driving under the influence to “plea bargain” for a lesser charge. When a DUI is plea bargained down to a reckless driving charge, it’s sometimes called a “wet reckless.”

Kansas prosecutors are prohibited from reducing a DUI charge where the purpose of the reduction is to permit the defendant to avoid the mandatory DUI penalties. However, plea bargaining for other purposes is allowed.

(Read more about plea bargaining in Kansas DUI cases and the consequences of a reckless driving conviction.)

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

Yes, IIDs are required even for a first DUI.

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.

For more information about the legal limit, see the  Blood Alcohol Level Chart

Last updated on 02/29/2016.

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