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Kansas Drunk Driving Fines & Penalties

Learn about the penalties for a DUI conviction in Kansas.

What are the penalties for a DUI in Kansas?


1st Offense

2nd Offense

3rd Offense

4th Offense

Jail

48 hour min.

5 days up to 1 year

90 days up to 1 year

90 days up to 1 year

Fines and Penalties

$750 to $1,000

$1,250 to $1,750

$1,750 to $2,500

$2,500

License Suspension

30 days

1 year

1 year

1 year

IID** Required

Yes

Yes  

Yes   

Yes

Lookback Period: For most purposes, the lookback period in Kansas includes only prior DUI convictions that occurred on or after July 1, 2001. But a third DUI is a felony (as opposed to a misdemeanor) if you have at least one prior offense within the past ten years. (The lookback period is the period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Kansas?

Under 21

.02%

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Kansas?

Kansas has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Kansas’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

1 year license suspension followed by 2 years driving only with an IID

1 year license suspension followed by 3 years driving only with an IID

1 year license suspension followed by 4 years driving only with an IID

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Kansas?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Kansas.

Drinking and Driving Laws in Kansas

The drunk driving laws in Kansas prohibits driving with a blood alcohol concentration (BAC) of .08 percentage or above. The limits are lower for drivers of commercial vehicles and minors. The .08% limit is the standard measurement used across the United States for the "impaired" driver. The Kansas law extends to alcohol, drugs or both. If you are driving with a child under the age of 14 in your vehicle when you commit a DUI, your punishment will be extended by one additional month of imprisonment.

How many drinks does it take to reach the legal limit in Kansas? There are many formulas, charts and calculators to determine your BAC, however these devices should be used with caution as each individual has physical attributes that impact their BAC score. Depending on your sex, weight and body-fat percentage, your BAC may be higher than any of these reference tools predict. It is safe to say that each drink you take brings you closer to impairment and a DUI arrest.

The best answer is not to drink and drive. The State of Kansas has strict laws for drunk driving, and when you drink and drive in Kansas, you risk your freedom, finances and your future.

For the first DUI conviction you receive in Kansas you will receive a mandatory 48 hours in jail and 100 hours of community service. You will also be ordered to participate in a drug safety action education program or a drug and alcohol evaluation program at your own expense. You will also be fined from $750-$1,000 in addition to paying your court costs, evaluation fees and probation. Your drivers license will be suspended initially for 30 days and then restricted for 180 days during which you can drive only with an IID.

A second drunk driving conviction in the State of Kansas will cost you from five days to one year in jail. You will also be fined from $1,250 to $1,750 plus court costs, probation and court evaluation fees. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for one year. After the one year driving suspension is completed you will be ordered to install an IID at your expense for one year. 

Your third drunk driving offense in Kansas can be a misdemeanor or a felony; a third DUI is a felony if you have at least on prior DUI within the past ten years. You will be imprisoned from 90 days to one year in jail. You will also be fined from $1,750 to $2,500 plus court costs, evaluation fees and probation costs. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for one year. After the one year driving suspension is completed you will be ordered to install an IID at your expense for two years. 

Your fourth drunk driving offense in Kansas is a felony. You will be imprisoned from 90 days to one year in jail. You will also be fined $2,500 plus court costs, evaluation fees and probation costs. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for one year. After the one year driving suspension is completed you will be ordered to install an IID at your expense for three years. 

Your fifth drunk driving offense in Kansas is also a felony. You will be imprisoned from 90 days to one year in jail. You will also be fined $2,500 plus court costs, evaluation fees and probation costs. Your drivers license will be suspended for one year, and for the following ten years you'll be able to drive only with an IID.

On a third or subsequent DUI, once you're released from jail or prison, you'll have a one-year period of post-release supervision which will include mandatory drug/alcohol treatment.

New Kansas DUI Laws

Until quite recently, Kansas was among the group of states that made it a crime to refuse a chemical test under some circumstances. Generally, Kansas drivers who were arrested for driving under the influence and had previously refused a chemical test or been convicted of a DUI faced mandatory jail time and the possibility of a felony conviction. (Kan. Stat. Ann. § 8-1025 (2015).) 

This changed on February 26, 2016 when the Kansas Supreme Court decided State v. Ryce and struck down the law making it a crime to refuse chemical testing in Kansas. The court explained that Kansas drivers have a Fourth Amendment right to refuse a chemical test, and that the Kansas refusal law interferes with that right. (State v. Ryce, No. 111, 698, slip opinion.)

To find out more about Ryce and its implications, see Kansas Supreme Court: Law Making It a Crime to Refuse DUI Chemical Testing Is Unconstitutional.

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