As a per se state, drivers may face Kansas DUI penalties if they are found to have a blood-alcohol concentration that exceeds the legal limit of .08 percent. There is no requirement to prove that an individual was impaired at the time. Individuals that are under the age of 21 have a legal limit of .02 percent, and commercial drivers have a limit of .04 percent. In addition to standard penalties, if someone is found to be driving under the influence with a passenger who is 14 or younger, one month will be automatically added to the jail time they are required to serve. Additionally, all convictions require completion of a drug treatment program.
1st DUI Conviction
A first DUI conviction carries a jail sentence between 48 hours and six months in jail, although the court may allow someone to complete 100 hours of community service in lieu of time in jail. If the sentence is longer than 48 hours, the court may also agree to enable an individual to spend the rest of his or her time in house arrest. Fines range between $750 and $1,000, and an individual’s license will be suspended for 30 days, after which they may be granted restricted driving privileges for 330 days. With the installation of an ignition interlock device, those convicted may be granted unrestricted driving privileges.
2nd DUI Conviction
The Kansas DUI penalties for a second conviction include 90 days to one year in prison, and at least five consecutive days must be served before probation or alternative confinement is considered. Fines between $1,000 to $1,500 are also levied, and the individual’s license will be suspended for a year. After the year is up, people are only allowed to drive in a vehicle that has been equipped with an ignition interlock device, which is required for an additional year.
3rd DUI Conviction
If someone is convicted of a third DUI within 10 years, it is considered a felony. Jail time will be at least 90 days but no more than a year. After 48 hours of jail time, people may be able to serve the rest of their sentence in house arrest or through a work release program that requires 2,160 hours of confinement. Individuals will face fines of at least $1,750 but no more than $2,500. Their license will be suspended for a year, and they will not be allowed to drive any vehicle for the next three years that does not have an ignition interlock device installed in it.
4th DUI Conviction
A fourth conviction is a felony, no matter when the last DUI conviction was. Jail time is between 90 days and a year, although people may be eligible for house arrest or a work release program after 72 consecutive hours in jail. License suspension lasts for a year, after which people may only drive in a vehicle with an ignition interlock device for the next three years. A $2,500 fine will also be assessed.