In Kansas, a motorist can get a DUI for driving while "under the influence" (impaired) of drugs or alcohol or with a blood alcohol concentration (BAC) of .08 g/ml or more. A person is considered "under the influence" if they are substantially impaired by drugs, alcohol, or a combination of substances.
The BAC threshold is .04 g/ml for commercial licenses and .02 g/ml for drivers under 21 years old.
The minimum and maximum jail time and fines for a DUI conviction largely depend on how many prior convictions you have. Here are the possible jail sentences and fines for a first, second, and third DUI conviction.
|
1st offense |
2nd offense |
3rd offense |
|
|
Jail Time |
48 hours to 6 months |
120 hours to 12 months |
30 days to 1 year |
|
Fines |
$750 to $1,000 |
$1,250 to $1,750 |
$1,750 to $2,500 |
All Kansas drivers who are convicted of a DUI face license suspension. After completion of the suspension period, drivers will then be restricted to driving only with an ignition interlock device (IID). The possible suspension and IID periods for a first, second, and third DUI are as follows.
|
1st offense |
2nd offense |
3rd offense |
|
|
Suspension Period |
30 days (1 year with BAC of .15 g/ml or more) |
1 year |
1 year |
|
Ignition Interlock Device (IID) |
180 days (1 year with BAC of .15 g/ml or more) |
1 year (2 years with BAC of .15 g/ml or more) |
2 years (3 years with BAC of .15 g/ml or more) |
However, an offender may be eligible for a "restricted license" for driving to and from places like work and school during at least part of the suspension.
Kansas' "implied consent" laws specify that all motorists agree to take a blood or breath test if lawfully arrested for driving under the influence. Although refusing a test is not a criminal infraction, motorists who do so generally face an administrative license suspension of one year, followed by two to ten years of an IID restriction.
In Kansas, a DUI conviction will stay on your record and count as a prior conviction for life. When considering ‘prior DUIs' for suspension purposes, the Kansas Department of Revenue will consider any test failure or refusal as a prior occurrence and can suspend a driver's license even if the criminal charges are dismissed.
If you're charged with driving under the influence in Kansas, it is prohibited by statute to "plea bargain" for a lesser charge. Depending on your criminal history, it may be possible to apply for a diversion to avoid a conviction.