As is the case in every state, you can be charged with driving under the influence (DUI) in Kansas if you have a blood alcohol content (BAC) of 0.08 or higher at the time of your arrest. Drivers under the age of 21 are subject to arrest if their BAC measures 0.02 or higher, while commercial drivers are considered impaired with a BAC of at least 0.04. Kansas DUI laws prohibit a driver charged with such an offense from entering into a plea bargain reducing the charge to reckless driving. Additionally, there is no washout period, meaning that every DUI you ever in Kansas receive will count against you during sentencing.
Implied Consent in Kansas
In Kansas, every driver gives his or her implied consent to chemical testing if you are stopped for suspicion of drunk driving. Refusal will result in an automatic one-year license suspension. The arresting officer need only observe you attempt to move the vehicle, not actually drive, in order to stop you on suspicion of driving under the influence. He or she must give you both verbal and written notice that you do not have the right to refuse to submit to these tests, nor do you have the right to consult an attorney before doing so. Each time you are pulled over and refuse to submit to a chemical test, one additional year is added to your license suspension.
Penalties Under Kansas DUI Laws
The first and second DUI offenses are misdemeanors in Kansas, while third and subsequent charges are felonies. For your first offense, you will be required to spend at least 48 hours in jail or serve 100 hours of community service. You will be ordered to pay fines ranging from $100 to $500 and your license will be suspended for 30 days. It will be restricted for an additional 330 days following the suspension. It is also possible that your vehicle could be impounded for up to one year, and you could be ordered to complete and drug or alcohol treatment program at your own expense.
Penalties compound for each DUI conviction you receive. For a second offense, you could be sentenced to up to 90 days in jail, while fines and penalties increase to as much as $1,500. Your license will be suspended for one year, and you will be required to install an ignition interlock device for an additional year in order to get your license reinstated. your vehicle can be impounded, and you could be required to complete a treatment program.
Recent Changes in Kansas DUI Laws
In 2010, the Kansas legislature adopted changes to the state DUI laws specifically relating to felony offenses. The law now provides for a minimum amount of time in jail for each DUI conviction, starting with the third, before you can apply for work release. It also provides for a period of supervised release after the jail sentence is served, and it allows for permanent revocation of the driver’s license for any driver convicted of DUI five times.