The DUI laws of the State of Kansas
prohibit the following:
- Drivers under the age
of 21 operating a motor vehicle with
blood alcohol content (“BAC”)
of 0.02 or higher;
- Drivers of any age
operating a motor vehicle with BAC of
0.08 or higher; and
- Drivers operating a
commercial vehicle with BAC of 0.04 or
higher.
Penalties
for a DUI conviction in Kansas include, but are
not limited to, the following:
First
DUI Conviction
- A first DUI conviction
in Kansas is a misdemeanor and carries
with it jail time ranging from 48 hours
mandatory minimum to a year. First-time
offenders in Kansas will also face fines
ranging from $500 to $1,000.
Driver’s license of first-time DUI
offenders in Kansas will be suspended for
30 days with license restrictions for 330
days after suspension. The vehicle
of first-time offenders in Kansas could
be impounded for up to a year and the
court could also order first-time
offenders to attend alcohol treatment
programs at the offenders’ own
expense.
Second
DUI Conviction
- A second DUI
conviction in Kansas carries jail time
ranging from minimum of ninety days to
maximum of one year. In addition,
second-time offenders will face fines
ranging from $1,000 to $1,500 and license
suspension for 1 year. Second-time
offenders will also be required to
install Ignition Interlock Devise and
their vehicles could be impounded for a
year. Second-time offenders will
also be ordered to complete alcohol
treatment program at the offenders’
own expense.
Third
DUI Conviction
- A third DUI conviction
in Kansas is a felony and carries with it
jail time ranging from ninety days
minimum to one year. Third-time offenders
will also face fines ranging from $1,500
to $2,500 and license suspension of one
year minimum. Third-time offenders will
be required to install Ignition Interlock
Devise for one year and complete alcohol
treatment program at the offenders’
own expense. The vehicles of
third-time offenders could be impounded
for one year.
Kansas DUI Laws
Summary
In Kansas, an individual is
considered to be DUI if their blood alcohol level
is .08% or higher. For a first offense, the
accused will spend a minimum of 48 hours in jail
with a maximum of six months or, at the courts
discretion, up to 100 hours of community
service. In addition to potential
incarceration, offenders will face a fine ranging
from $500.00 to $1,000.00.
In some instances, an offender may
be eligible for probation after having served a
minimum of 48 hours in jail, agree to not break
the law or drink and after having agreed to
attend alcohol classes. If an individual
has not been convicted of a DUI or been granted a
diversion within the last five years, and no
accident or personal injury was inflicted, he/she
may be eligible for diversion. This is a
process whereby the offender and prosecutor reach
an agreement that the offender will accept
responsibility for the crime, agree not to
violate any law for one year, avoid drinking
alcohol for one year, not to be anywhere alcohol
is served and to take random tests in order to
confirm compliance. In addition to an
alcohol education class, the offender will be
required to participate in a DUI victim’s
panel and follow any recommendations as required
by a counselor or other personnel. If these
acts are completed, the charges will be dismissed
after a period of one year.
Youthful offenders, which are
defined as anyone under the age of 21 with a
blood alcohol content of .02% of higher, will
face a license suspension ranging from 30 days to
one year. Youthful offenders will be
subject to the same penalties as an adult if they
refuse to submit to a blood alcohol content
test.
Upon conviction of a first DUI
offense, driving privileges will be suspended for
a period of 30 days. During this time, in
some instances, the offender may be permitted to
drive to and from work and to school. If,
however, the subject refused to adhere to a blood
alcohol content test, his/her driving privileges
will automatically be suspended for one
year.
Upon an admission of guilt or a
similar verdict by the court, the majority of
insurance companies will either increase their
rates dramatically or drop the offender’s
coverage completely. If this should happen,
it will be difficult to find another insurance
carrier that is willing to work with someone who
has been labeled as a “high risk”
motorist. In the event that an insurance
company is willing to offer a policy, the rates
will likely be significantly higher than an
individual with no previous offenses.
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