Kansas DUI Laws and Penalties

How Kansas defines “driving under the influence” (DUI) and the consequences of a conviction.

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 reduced to .04 g/ml if the licensee is driving a commercial vehicle and is reduced to .02 g/ml for drivers under 21 years old.

Jail Time and Fines for Kansas DUI Convictions

The minimum and maximum jail time and fines you’ll face for a DUI conviction in Kansas 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

5 days to 12 months

90 days to 1 year

Fines

$750 to $1,000

$1,250 to $1,750

$1,750 to $2,500


License Suspensions for a Kansas DUI

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

Kansas’ “implied consent” laws specify that all motorists agree to take a blood or breath test if lawfully arrested for driving under the influence. Motorists who refuse testing generally face a license suspension of one year, followed by two to ten years of an IID restriction.

Calculating Prior DUIs

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.

Reducing a Kansas DUI Charge

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.

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