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.
What Is The Legal Alcohol Limit In Kansas?
The legal alcohol limit in Kansas is .08 percent. This level of blood alcohol concentration (BAC) applies to people of legal drinking age who are driving passenger vehicles. Commercial operators must observe a legal limit of .04 percent, and people under the age of 21 may be charged with alcohol-related driving offenses with a BAC of .02 percent or greater.
Driving under the influence (DUI) offenses are punished very severely in Kansas. Penalties are primarily dictated by the type of offense, which may be:
- First conviction. An initial offense can result in 48 hours of mandatory incarceration, a fine of up to $1,000 and a license suspension of 30 days.
- Second conviction. A repeat offense can yield one year in jail, a fine of $1,500 and a driver’s license suspension of a year.
- Third conviction. This felony offense can lead to one year in jail, a fine of between $1,500 and $2,500 and a license suspension of one year.
Fourth and fifth offenses can result in even greater punishments. The perceived seriousness of individual DUI incidents can impact what penalties are issued. Aggravating circumstances like driving with a child under 14, for instance, can lead to more severe punishment.
Ignition Interlock Requirements In Kansas
Ignition interlock devices (IIDs) are mandatory to have driving privileges reinstated following a conviction for driving under the influence. These devices are designed to prevent people from becoming repeat DUI offenders by requiring them to pass a breath test to start a vehicle.
Ignition interlock device periods for convictions include:
- For a first DUI offense, IID installation for 330 days
- For a second, third, or fourth DUI offense, IID installation for one year
Even installing an ignition interlock device won’t allow people to reinstate a license following a fifth driving under the influence offense. Rather, affected individuals will have driving privileges revoked.
Kansas DUI Penalties
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 of 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.