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:
- Fines: $750 to $1,000 fine(possible community service in lieu of payment of any fine imposed in an amount equal to $5 for each hour of community service)
- Imprisonment: 48 hours to 6 months (or minimum of 100 hours community service in lieu of jail time)
- Drivers License Suspension: 30 days drivers license suspension [1 year if BAC 0.15 or more]
- Ignition Interlock: 6 months to 1 year ignition interlock restricted driving privileges following suspension period
- must undergo alcohol and drug evaluation and complete any treatment and/or education as required
- $200 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Class A Nonperson Misdemeanor
The penalty upon conviction of a second DUI offense in Kansas:
- Fines: $1,250 to $1,750 fine
- Imprisonment: 90 days to 1 year
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 1 year ignition interlock restricted driving privileges following suspension period [2 years if BAC 0.15 or more]
- must undergo alcohol and drug evaluation and complete any treatment and/or education as required
- $400 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
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:
- Fines: $1,750 to $2,500 fine
- Imprisonment: 90 days to 1 year
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 2 year ignition interlock restricted driving privileges following suspension period [3 years if BAC 0.15 or more]
- must undergo alcohol and drug evaluation and complete any treatment and/or education as required
- $600 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
4th DUI Offense / Conviction - Nonperson Felony
The penalty upon conviction of a fourth DUI offense in Kansas:
- Fines: $2,500 fine
- Imprisonment: 90 days to 1 year
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 3 year ignition interlock restricted driving privileges following suspension period [4 years if BAC 0.15 or more]
- must undergo alcohol and drug evaluation and complete any treatment and/or education as required
- $800 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
5th DUI Offense / Conviction - Nonperson Felony
The penalty upon conviction of a fifth DUI offense in Kansas:
- Fines: $2,500 fine
- Imprisonment: 90 days to 1 year
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 10 year ignition interlock restricted driving privileges following suspension period
- must undergo alcohol and drug evaluation and complete any treatment and/or education as required
- $800 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (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
- Drivers License Suspension: 30 days to 1 year drivers license suspension
- Ignition Interlock: 6 month to 2 year ignition interlock restricted driving privileges following suspension period
- $200 to $600 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
Second Chemical Test Refusal
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 1 to 3 year ignition interlock restricted driving privileges following suspension period
- $400 to $900 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
Third Chemical Test Refusal
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 2 to 4 year ignition interlock restricted driving privileges following suspension period
- $600 to $1,200 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
Fourth Chemical Test Refusal
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 3 to 5 year ignition interlock restricted driving privileges following suspension period
- $800 to $1,500 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
Fifth Chemical Test Refusal
- Drivers License Suspension: 1 year drivers license suspension
- Ignition Interlock: 10 year ignition interlock restricted driving privileges following suspension period
- $800 to $1,500 drivers license reinstatement fee
- KS SR22 Insurance (proof of financial responsibility) Requirement
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.
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