Kansas DUI Laws and Penalties

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

Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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.

Jail Time and Fines for Kansas DUI Convictions

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


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. 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.

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.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you