Kansas Drunk Driving Fines & Penalties

Learn about the penalties for a DUI conviction in Kansas.

Need Professional Help? Talk to a Local Defense Attorney.

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

What are the penalties for a DUI in Kansas?


1st Offense

2nd Offense

3rd Offense

4th Offense

Jail

48 hour min.

90 days up to 1 year

90 days up to 1 year

180 days up to 1 year

Fines and Penalties

$500 to $1,000

$1,000 to $1,500

$1,500 to $2,500

$2,500 min.

License Suspension

30 days

1 year

1 year

1 year

IID** Required

No

Yes  

Yes   

Yes

Lookback Period: There used to be no lookback period in Kansas. All former DUIs on a driving record counted toward the sentencing. However, the legislature recently modified the lookback period to ten years. Therefore, any DUIs within the past decade count as "priors." (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

2 year license suspension

3 year license suspension

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 $500-$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 330 days. It is also possible that your vehicle will be impounded for up to one year.

A second drunk driving conviction in the State of Kansas will cost you from 90 days to 1 year in jail. You will also be fined from $1,000 to $1,500 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 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.

Your 3rd drunk driving offense in Kansas is a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined from $1,500 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 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.

Your 4th drunk driving offense in Kansas is also a felony. You will be imprisoned from 90 days to 1 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 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.

Once you are released from jail / prison, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a 1 year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program at your own expense.

Your 5th drunk driving offense in Kansas is also a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined $2,500 plus court costs, evaluation fees and probation costs. Your Drivers license will revoked for life. Once you are released from jail / prison, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a 1 year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program at your own expense.

New Kansas DUI Laws

Effective July, 2010, Kansas modified its laws to prohibit offenders from applying for a work release program until they have served at a minimum 72 consecutive hours of mandatory jail time. Also, the minimum fine has increased to $2,500 from the original $1,500 for repeat offenders. The changes also include revocation of the driving license upon a third conviction instead of the original fourth conviction.

Two new DUI bills were signed into laws in 2010. The two bills are Kansas Senate Bill 368 and Kansas Senate Bill 586 . These bills are reflected on our dui laws page and in the penalties section above. Specifically, for a third DUI conviction, offenders must serve a term of 72 consecutive hours in jail before the offender is eligible to participate in a work release program.

For a fourth or subsequent DUI conviction would bring an increase in jail time from 90 days to one year, to 180 days to one year. The term of incarceration that must be served prior to work release would increase from 72 to 144 consecutive hours.

by: , Attorney

Talk to a Lawyer

Start here to find defense attorneys near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO4:DRU.1.6.1.20140626.27175