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Kansas DUI Laws

Kansas DUI Lawyers - Drunk Driving Attorneys

Kansas
Kansas

Kansas DUI Forum | SR22 Insurance Requirements

The maximum prescribed legal BAC limit in Kansas is 0.08% per se
(effective from July 1st 1993)

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Kansas DUI Laws & BAC Limits | Kansas DUI Penalties

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DUI - Drunk Driving Laws in other States


Kansas Drunk Driving Laws

(If you’ve been charged with Kansas DUI, the law allows only 14 days for your Kansas DUI Lawyer to make a request with the Kansas DMV (Division of Motor Vehicles) for a hearing to save your driving license)

Kansas is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state.

Kansas DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Kansas it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is an offense to refuse to submit to a chemical test in Kansas and implied consent laws are enforced.

!! CAUTION - Driving Ability Impaired !!

You can be prosecuted in Kansas without driving while you are over the legal prescribed bac limit.

Under Kansas law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.

Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.

Observations from a law enforcement officer that may lead to being stopped and arrested include:

  • Making a turn too widely or narrowly
  • Using two lanes, straddling the center line
  • Almost hitting someone or something
  • Weaving or drifting from one side of the road to another
  • Driving too slowly and being overly cautious
  • Driving too close to vehicle in front
  • Driving ON the center lines
  • Erratic braking
  • Swerving to correct course of vehicle

You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.

A skilled drunk driving attorney can help you defend any charges against you

Kansas BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR
Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!
BAC - Blood Alcohol Content Calculator

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Penalties for DUI - Drunk Driving in Kansas

Kansas is a state with a lifetime ‘washout period’ also known as a 'look back period'. This means that any offense committed in a persons lifetime may be used in determining the relevant sentence to be imposed.


PREVIOUS CONVICTIONS
Any previous convictions of DUI, chemical test refusal or entering into a diversion agreement in lieu of criminal proceedings will count as prior convictions for sentencing purposes as will out of state convictions.

First Dui - Drunk Driving Conviction - Class B nonperson MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in Kansas:

  • Fine: $750 to $1,000 fine plus costs and fees (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: minimum 48 hours to 6 months imprisonment (or minimum 100 hours of community service in lieu of jail time)
  • Drivers License Suspension: 30 days drivers license suspension
  • Ignition Interlock Restriction: ignition interlock restricted driving privileges for 180 days to 1 year (depending on driving history) following suspension period
  • must undergo alcohol and drug evaluation and complete any treatment or education as required
  • Kansas SR22 insurance requirement

Upon a first conviction it may be possible for a person to enter into a diversion agreement in lieu of any criminal proceedings. This can only happen ONCE in a persons lifetime.

ENHANCED PENALTIES: HIGH BAC (blood alcohol content) - 0.15 or greater

License suspension will be increased to 1 year followed by ignition interlock restricted driving privileges for 1 year following suspension period (may apply for restricted driving privileges after 45 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)


Second DUI - Drunk Driving Conviction - Class A nonperson MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in Kansas:

  • Fine: $1,250 to $1,750 fine plus costs and fees (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: not less than 90 days to 1 year imprisonment (The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 5 days imprisonment. All but 48 consecutive hours of confinement may be served in a work release program or house arrest)
  • Drivers License Suspension: 1 year drivers license suspension (may apply for restricted driving privileges after 45 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)
  • Ignition Interlock Restriction: ignition interlock restricted driving privileges for 1 year following suspension period
  • must undergo alcohol and drug evaluation and complete any treatment or education as required
  • Kansas SR22 insurance requirement

ENHANCED PENALTIES: HIGH BAC (blood alcohol content) - 0.15 or greater

License suspension will remain at 1 year followed by ignition interlock driving privileges for 2 years following suspension period (may apply for restricted driving privileges after 45 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)


Third DUI - Drunk Driving Conviction

CLASS A NONPERSON MISDEMEANOR

If it is a persons second DUI within their lifetime but more than 10 years since a previous DUI then the offense will be classed as a class A nonperson misdemeanor.

nonperson Felony

If it is a persons second DUI within the preceding ten years, not including any period of incarceration the offense will be classed as a nonperson felony.

The penalty for a third DUI - drunk driving conviction in Kansas:

  • Fine: $1,750 to $2,500 fine plus costs and fees (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: not less than 90 days to 1 year imprisonment (The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment. All but 48 consecutive hours of confinement may be served in a work release program or house arrest)
  • Drivers License Suspension: 1 year drivers license suspension (may apply for restricted driving privileges after 45 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)
  • Ignition Interlock Restriction: ignition interlock restricted driving privileges for 2 years following suspension period
  • Kansas SR22 insurance requirement

ENHANCED PENALTIES: HIGH BAC (blood alcohol content) - 0.15 or greater

License suspension will remain at 1 year followed by ignition interlock driving privileges for 3 years following suspension period (may apply for restricted driving privileges after 45 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)


Fourth DUI - Drunk Driving Conviction - Nonperson ELONY

The penalty for a fourth DUI - drunk driving conviction in Kansas:

  • Fine: $2,500 fine plus costs and fees (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: not less than 90 days to 1 year imprisonment (The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment. All but 72 consecutive hours of confinement may be served in a work release program or house arrest)
  • Drivers License Suspension: 1 year drivers license suspension (may apply for restricted driving privileges after 45 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)
  • Ignition Interlock Restriction: ignition interlock restricted driving privileges for 3 years following suspension period
  • Kansas SR22 insurance requirement

ENHANCED PENALTIES: HIGH BAC (blood alcohol content) - 0.15 or greater

License suspension will remain at 1 year followed by ignition interlock driving privileges for 4 years following suspension period

At the end of the incarceration/work release program, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a one-year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program (at your expense).


Fifth (or Subsequent) DUI - Drunk Driving Conviction - nonperson FELONY

The penalty for a fifth DUI - drunk driving conviction in Kansas:

  • Fine: $2,500 fine plus costs and fees (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: not less than 90 days to 1 year imprisonment (The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment. All but 72 consecutive hours of confinement may be served in a work release program or house arrest)
  • Drivers License Suspension: 1 year drivers license revocation (may apply for restricted driving privileges after 45 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)
  • Ignition Interlock Restriction: 10 years ignition interlock restricted drivers license following suspension period (may petition any district court for consideration of relief from such restriction after five years of such restriction have been served)
  • Kansas SR22 insurance requirement

At the end of the incarceration/work release program, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a one-year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program (at your expense).


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Implied consent LAWS

Implied Consent Chemical Testing

It is an offense to refuse to submit to a chemical test in Kansas and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Kansas

In Kansas, if the accused driver refuses to take a chemical test of their blood, breath or urine, their drivers license will usually be suspended/revoked.

PREVIOUS CONVICTIONS
Any previous DUI convictions, chemical test refusals or entering into a diversion agreement in lieu of criminal proceedings will count as prior convictions for sentencing purposes as will out of state convictions.

First chemical test refusal - CLASS A NONPERSON MISDEMEANOR

  • Fine: $1,250 to $1,750 (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: 90 days to 1 year imprisonment (The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 5 days imprisonment. All but 48 consecutive hours of confinement may be served in a work release program or house arrest)
  • Drivers License Suspension: 1 year drivers license suspension (may apply for restricted driving privileges after 90 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)
  • Ignition Interlock Restriction: 2 years ignition interlock restricted drivers license following suspension period

Upon a first conviction it may be possible for a person to enter into a diversion agreement in lieu of any criminal proceedings. This can only happen ONCE in a persons lifetime.

Second chemical test refusal

CLASS A NONPERSON MISDEMEANOR

If it is a persons second chemical test refusal within their lifetime but more than 10 years since a previous refusal then the offense will be classed as a class A nonperson misdemeanor.

nonperson Felony

If it is a persons second chemical test refusal within the preceding ten years, not including any period of incarceration the offense will be classed as a nonperson felony.

  • Fine: $1,750 to $2,500 (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: 90 days to 1 year imprisonment (The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment. All but 48 consecutive hours of confinement may be served in a work release program or house arrest)
  • Drivers License Suspension: 1 year drivers license suspension (may apply for restricted driving privileges after 90 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)
  • Ignition Interlock Restriction: 3 years ignition interlock restricted drivers license following suspension period
  • Kansas SR22 insurance requirement

Third (or subsequent) Chemical test refusal - Nonperson Felony

  • Fine: $2,500 (possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each full hour of community service)
  • Jail: 90 days to 1 year imprisonment (The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment. All but 72 consecutive hours of confinement may be served in a work release program or house arrest)
  • Drivers License Suspension: 1 year drivers license suspension (may apply for restricted driving privileges after 90 days if prepared to use an IID ignition interlock device and only for the purpose of getting to and from work, school or an alcohol treatment program)
  • Ignition Interlock Restriction: 4 years ignition interlock restricted drivers license following suspension period (for a fourth offense the IID restriction will be five years and for a fifth or subsequent offense the IID restriction will be 10 years)
  • Kansas SR22 insurance requirement

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Kansas SR22 insurance (high Risk Auto Insurance)

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Kansas SR-22 auto insurance is usually required for a period of 12 months after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Kansas auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Kansas

The minimum mandatory liability insurance coverage required in the state of Kansas for private passenger vehicles is:

Liability

  • $25,000 per person for bodily injury (BIL)
  • $50,000 per accident for bodily injury
  • $10,000 per accident for property damage (PDL)

Personal Injury Protection

  • $4,500 per person for medical expenses
  • $900 month for one year for disability and/or loss of income (for one year)
  • $25 per day for in-home services (for one year)
  • $2,000 for funeral, burial or cremation expenses
  • $4,500 for rehabilitation expenses

Uninsured/Underinsured

  • $25,000 per person
  • $50,000 per accident

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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Disclaimer: While every effort is made to keep all information up to date, the Kansas drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Kansas DUI lawyer is recommended in all cases.

 

Useful Kansas DUI Links:

DUI - Drunk Driving Laws in Kansas

Kansas Drivers Manual

Kansas SR22 Insurance Requirement

Kansas DMV (Division of Motor Vehicles)

Kansas Department of Transportation

Kansas State Courts (Judicial Branch)

Kansas Department of Insurance

Kansas DUI Lawyers

Kansas DUI discussion forum

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Latest Kansas DUI News

This RSS feed URL is deprecated
This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news
Wed, 24 Jan 2018 03:44:32 GMT

Man in Debt Over DUI Pleads Guilty to Robbing Kansas Bank - U.S. News & World Report


Wichita Eagle

Man in Debt Over DUI Pleads Guilty to Robbing Kansas Bank
U.S. News & World Report
Man in Debt Over DUI Pleads Guilty to Robbing Kansas Bank. Man who was thousands of dollars in debt from a drunken driving case pleads guilty to a Kansas bank robbery that netted just $615. Jan. 18, 2018, at 9:42 p.m.. Man in Debt Over DUI Pleads ...
He had $14000 in court debt, then he robbed a Kansas bankWichita Eagle

all 3 news articles »

Fri, 19 Jan 2018 02:46:23 GMT

Royals' Danny Duffy pleads guilty to DUI, gets probation - ESPN


ESPN

Royals' Danny Duffy pleads guilty to DUI, gets probation
ESPN
OVERLAND PARK, Kan. -- Royals pitcher Danny Duffy has pleaded guilty to driving under the influence in a Kansas City suburb and has been placed on a year's probation. Sean Reilly, a spokesman for the city of Overland Park, Kansas, said Tuesday that ...

and more »

Tue, 16 Jan 2018 21:02:47 GMT

New DUI detection technology coming to Kansas - KSNT News


KSNT News

New DUI detection technology coming to Kansas
KSNT News
TOPEKA Kan. (KSNT) ? Every 50 seconds someone is killed by an impaired driver according to a government report. Right now if police suspect the person behind the wheel has had one too many ? they run a field sobriety test or use a breathalyzer, but new ...


Fri, 19 Jan 2018 03:25:40 GMT

Duffy placed on probation for DUI - MLB.com


Patch.com

Duffy placed on probation for DUI
MLB.com
KANSAS CITY -- Royals left-hander Danny Duffy pled guilty to driving under the influence in a Kansas City suburb last summer, and he has been placed on probation, according to a report in The Kansas City Star on Tuesday. A city official in the suburb ...
KC Royals pitcher Danny Duffy pleads guilty to DUI, on probation ...Kansas City Star
Danny Duffy, Kansas City Royals Pitcher, Pleads Guilty To DUIPatch.com
Danny Duffy Pleads Guilty to DUI from August Arrest at Burger KingBleacher Report
KQ2.com (press release) (blog)
all 12 news articles »

Tue, 16 Jan 2018 22:50:08 GMT

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