Kansas DUI Laws & Drunk Driving Penalties


Overview of the penalties upon conviction of DUI in Kansas

Kansas DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DUI in Kansas, the law allows only 14 days for a Kansas DUI Lawyer to make a request with the Kansas Department of Vehicles for a hearing to help save your drivers license.

What are the penalties for DUI in Kansas?

The penalties for driving under the influence in Kansas will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

KS DUI Penalties

Kansas is a state with a lifetime 'washout period' also known as a 'look back period'

PREVIOUS CONVICTIONS
Any previous convictions for 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.

1st DUI Offense / Conviction - Class B Nonperson Misdemeanor

Upon a first DUI 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.

The penalty upon conviction of a first DUI offense in Kansas:

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2nd DUI Offense / Conviction - Class A Nonperson Misdemeanor

The penalty upon conviction of a second DUI offense in Kansas:

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3rd DUI Offense / Conviction

Class A Nonperson Misdemeanor OR Nonperson Felony

If it is more than 10 years since last conviction the offense will be classed as a misdemeanor. If it is less than 10 years the offense will be classed as a felony.

The penalty upon conviction of a third DUI offense in Kansas:

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4th DUI Offense / Conviction - Nonperson Felony

The penalty upon conviction of a fourth DUI offense in Kansas:

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5th DUI Offense / Conviction - Nonperson Felony

The penalty upon conviction of a fifth DUI offense in Kansas:

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Implied Consent (Chemical Testing) Laws

Kansas Chemical Testing Laws

In Kansas any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood. It is an offense to refuse to submit or fail to complete a chemical test when required to do so.

Chemical Test Refusal Penalties - Kansas

PREVIOUS CONVICTIONS
Any previous convictions for 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 Chemical Test Refusal

Second Chemical Test Refusal

Third Chemical Test Refusal

Fourth Chemical Test Refusal

Fifth Chemical Test Refusal

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What is the legal alcohol limit in Kansas

The maximum legal BAC (blood alcohol content) limits in Kansas for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Kansas it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Kansas it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Kansas it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

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

Cities in Kansas

Abilene, Atchison, Beloit, Burlington, Chanute, Clay Center, Coffeyville, Colby, Concordia, Derby, Dodge City, El Dorado, Ellsworth, Emporia, Fort Scott, Garden City, Garnett, Goodland, Great Bend, Hays, Hiawatha, Hugoton, Hutchinson, Independence, Iola, Junction City, Kansas City, Kingman, Larned, Lawrence, Leavenworth, Lenexa, Liberal, Lyndon, Lyons, Manhattan, Marysville, McConnell AFB, McPherson, Minneapolis, Newton, Oberlin, Olathe, Osborne, Oskaloosa, Ottawa, Overland Park, Paola, Parsons, Phillipsburg, Pittsburg, Pratt, Russell, Salina, Shawnee Mission, Syracuse, Topeka, Troy, Valley Falls, Wellington, Wichita, Winfield.


Counties in Kansas

Allen, Anderson, Atchison, Barber, Barton, Bourbon, Brown, Butler, Chase, Chautaugua, Cherokee, Cheyenne, Clark, Clay, Cloud, Coffey, Comanche, Cowley, Crawford, Decatur, Dickinson, Doniphan, Douglas, Edwards, Elk, Ellis, Ellsworth, Finney, Ford, Franklin, Geary, Gove, Graham, Grant, Gray, Greeley, Greenwood, Hamilton, Harper, Harvey, Haskell, Hodgeman, Jackson, Jefferson, Jewell, Johnson, Kearny, Kingman, Kiowa, Labette, Lane, Leavenworth, Lincoln, Linn, Logan, Lyon, Marion, Marshall, McPherson, Meade, Miami, Mitchell, Montgomery, Morris, Morton, Nemaha, Neosho, Ness, Norton, Osage, Osborne, Ottawa, Pawnee, Phillips, Pottawatomie, Pratt, Rawlins, Reno, Republic, Rice, Riley, Rooks, Rush, Russell, Saline, Scott, Sedgwick, Seward, Shawnee, Sheridan, Sherman, Smith, Stafford, Stanton, Stevens, Sumner, Thomas, Trego, Wabaunsee, Wallace, Washington, Wichita, Wilson, Woodson, Wyandotte.


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