Kansas DUI Laws
The maximum prescribed legal BAC limit in Kansas is 0.08% per se
(effective from July 1st 1993)
Kansas Drunk Driving Laws (If you’ve been charged with Kansas DUI, the law allows only 10-13 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
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Penalties for DUI - Drunk Driving in Kansas
Kansas is a state with a ten-year ‘washout period’ also known as a 'look back period'.
First Dui - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DUI - drunk driving conviction in Kansas:
- Fine: $500 to $1,000 fine plus costs and fees
- Jail: mandatory 48 hours jail (or 100 hours community service in lieu of jail time)
- License Suspension: 30 days drivers license suspension
- Ignition Interlock: ignition interlock restricted driving privileges for 6 -12 months following suspension period
- complete alcohol and drug safety action education or treatment program
- possibility of vehicle being impounded for up to one year
- Kansas SR22 insurance requirement
ENHANCED PENALTIES: HIGH BAC (blood alcohol content) - 0.15 or greater
License suspension will be increased to 1 year followed by ignition interlock 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 - MISDEMEANOR
The penalty for a second DUI - drunk driving conviction in Kansas:
- Fine: $1.000 to $1,500 fine plus costs and fees
- Jail: 90 days to 1 year imprisonment
- 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: ignition interlock restricted driving privileges for 1 year following suspension period
- complete alcohol and drug safety action education or treatment program
- possibility of vehicle being impounded for up to one year
- 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 - FELONY
The penalty for a third DUI - drunk driving conviction in Kansas:
- Fine: $1.500 to $2,500 fine plus costs and fees
- Jail: 90 days to 1 year imprisonment
- 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: ignition interlock restricted driving privileges for 2 years following suspension period
- complete alcohol and drug safety action education or treatment program
- possibility of vehicle being impounded for up to one year
- 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 - FELONY
The penalty for a fourth DUI - drunk driving conviction in Kansas:
- Fine: $2,500 fine plus costs and fees
- Jail: 90 days to 1 year imprisonment
- License Suspension: 1 year drivers license suspension
- Ignition Interlock: ignition interlock restricted driving privileges for 3 years following suspension period
- complete alcohol and drug safety action education or treatment program
- possibility of vehicle being impounded for up to one year
- 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 (And Subsequent) DUI - Drunk Driving Conviction - FELONY
The penalty for a fifth DUI - drunk driving conviction in Kansas:
- Fine: $2,500 fine plus costs and fees
- Jail: 90 days to 1 year imprisonment
- License Suspension: 1 year drivers license revocation
- Ignition Interlock: 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
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 refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
First chemical test refusal
- 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: 1 year ignition interlock restricted drivers license following suspension period
- Kansas SR22 insurance requirement
Second chemical test refusal
- 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: 2 years ignition interlock restricted drivers license following suspension period
- Kansas SR22 insurance requirement
Third Chemical test refusal
- 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: 3 years ignition interlock restricted drivers license following suspension period
- Kansas SR22 insurance requirement
Fourth Chemical test refusal
Fifth (and subsequent) chemical test refusal
- License Suspension: 1 year drivers license revocation
- Ignition Interlock: 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
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Kansas SR22 insurance (high Risk Auto Insurance)
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. Top of page
FREE DUI / DWI Case evaluation & by local Kansas Lawyer
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Protect your rights! Talk to a local DUI lawyer
Kansas DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Kansas drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Kansas Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Kansas?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Kansas?
• Does Kansas have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Kansas laws and procedures ?
• When and how can you get your driver’s license reinstated in Kansas?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Kansas criminal defense attorney specializing in Kansas drunk driving laws today. |
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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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