Kansas DUI Laws and Penalties for First, Second, and Third Convictions

The penalties you'll face for a DUI in Kansas depend primarily on how many prior convictions you have. This article explains Kansas's DUI Laws and the consequences of a first, second, third, and felony conviction.

Kansas's DUI Law

Kansas' DUI laws prohibit all motorists from operating or attempting to operate a motor vehicle:

• with a blood alcohol concentration (BAC) of .08 grams per milliliter or more, or
• while under the influence of drugs or alcohol to a degree that renders the person incapable of safely driving a vehicle.

The BAC threshold is reduced to .04 grams per milliliter if the licensee is driving a commercial vehicle and is reduced to .02 grams per milliliter for drivers under 21 years old. (Kan. Stat. §§ 8-1567, 8-1567a, 8-2,144 (2025).)

Getting a DUI Without Actually Driving

In Kansas, a motorist can get a DUI even without actually driving: The statute defines DUI as "operating or attempting to operate" a vehicle while under the influence or with a prohibited BAC. Kansas courts have said "attempting to operate" includes any "overt act" to engage the engine and doesn't require movement of the vehicle. So, while driving is sufficient for a conviction, it isn't required. (State v. Darrow, 374 P.3d 673 (Kan. 2016).)

Kansas Blood Alcohol Concentration (BAC) Limits and Per Se DUIs

A drunk driving offense based on BAC—as opposed to the driver's level of impairment—is known as a "per se" DUI. The amount of alcohol a person must drink to reach the legal limit depends on several factors such as gender, body size, and the number and strength of drinks.

What Does "Under the Influence" Mean?

A chemical test for alcohol isn't needed to convict a driver of DUI. A prosecutor can show that the driver was "under the influence" of drugs or alcohol. "Under the influence" means incapable of safely driving a vehicle. A slight impairment or evidence that the driver consumed alcohol isn't enough for a DUI conviction in Kansas. A prosecutor can prove a driver was under the influence of drugs or alcohol through the testimony of witnesses, including police officers. Examples of evidence that can be used are that the driver:

• had breath that smelled of alcohol
• performed poorly on field sobriety tests
• drove erratically,
• acted strangely, and
• admitted to drinking alcohol (or using drugs).

(Kan. Stat. § 8-1567 (2025); State v. Arehart, 878 P.2d 227 (Kan. App. 1994).)

Not all of these factors are required to prove someone was "under the influence." For example, a court found that a person who wasn't driving erratically was still guilty of DUI because she smelled of alcohol, admitted to drinking four beers, and performed poorly on field sobriety tests. (State v. Blair, 974 P.2d 121 (Kan. App. 1999).)

Kansas First DUI Penalties

A first DUI is a misdemeanor and generally carries:

• 48 hours to 6 months in jail
• $750 to $1,000 in fines
• a 30-day license suspension (1 year for a BAC of .15% or higher), and
• a 180-day ignition interlock device (IID) requirement (1 year for a BAC of .15% or higher).

The court also can place an offender on probation. (Kan. Stat. §§ 8-1014, 8-1015, 8-1567 (2025).)

Kansas Second DUI Penalties

A second DUI is a misdemeanor and generally carries:

• 120 hours to 12 months in jail
• $1,250 to $1,750 in fines
• a one-year license suspension, and
• a one-year IID requirement (two years for a BAC of .15% or higher).

The court also can place an offender on probation. (Kan. Stat. §§ 8-1014, 8-1567 (2025).)

Kansas Third DUI Penalties

A third DUI is generally a misdemeanor and typically carries:

• 30 days to 12 months in jail
• $1,750 to $2,500 in fines
• a one-year license suspension, and
• a two-year IID requirement (three years for a BAC of .15% or higher).

The court also can place an offender on probation. (Kan. Stat. §§ 8-1014, 8-1567 (2025).)

Third or Subsequent DUIs Can be Felonies in Kansas

If a driver is convicted of a third DUI and either of the prior 2 convictions was within the past 10 years, the third offense will be a felony. A conviction will carry a minimum of 30 days in jail and could include up to 46 months imprisonment. The driver's license will be suspended for one year followed by a two-year IID requirement (three-year IID requirement with a .15% or higher BAC). (Kan. Stat. §§ 8-1014, 8-1567 (2025).)

A fourth or subsequent offense is a felony—even if the prior offenses happened more than 10 years earlier. (Kan. Stat. § 8-1567 (2025).)

Kansas uses sentencing guidelines for felonies. These guidelines take into account an offender's prior record and the severity of the current offense. Depending on these factors, a defendant could face anywhere from probation to a term in prison. (Kan. Stat. § 21-6804 (2025).)

Kansas Felony Charges for DUIs Involving Injuries and Deaths

While technically not considered a "felony DUI," an impaired driver who injures or kills someone can be charged with a separate felony offense called aggravated battery (for injuries) or involuntary manslaughter (for deaths) in addition to the DUI charge.

Aggravated Battery Charges Related to a DUI in Kansas

Causing bodily harm to another person while operating a vehicle under the influence is a level 8 person felony. A conviction carries 7 to 23 months in prison, plus a fine of up to $100,000. (Kan. Stat. §§ 21-5413, 21-6611, 21-6804 (2025).)

If the person suffered great bodily harm, the offense is a level 5 person felony. The prison term will be 31 to 136 months, with a maximum $300,000 fine. (Kan. Stat. §§ 21-5413, 21-6611, 21-6804 (2025).)

If the impaired driver's license was suspended or restricted or the driver was considered a habitual violator, the offense is a level 4 person felony. The prison term will be 38 to 172 months with a maximum fine of $300,000. (Kan. Stat. §§ 21-5413, 21-6611, 21-6804 (2025).)

Involuntary Manslaughter Charges Related to a DUI in Kansas

Causing the death of another while under the influence is considered involuntary manslaughter and is a level 4 person felony. It carries 38 to 172 months in prison and up to $300,000 in fines. (Kan. Stat. §§ 21-5405, 21-6611, 21-6804 (2025).)

Involuntary manslaughter committed while suspended, revoked, or as a habitual violator will be a level 3 person felony and will result in 55 to 247 months in prison and a maximum fine of $300,000. (Kan. Stat. §§ 21-5405, 21-6611, 21-6804 (2025).)

Kansas's Underage DUI Law

Kansas prohibits any person under the age of 21 from operating or attempting to operate a vehicle with a BAC of .02% or more. But, unlike with a standard DUI, a violation of this rule isn't a criminal offense and will only result in driver's license penalties. (Kan. Stat. § 8-1567a (2025).)

For a first offense, the offender will be suspended for 30 days and then required to have an IID for 180 days. On a second offense, the driver's license will be suspended for one year followed by a one-year IID requirement. (Kan. Stat. §§ 8-1014, 8-1015, 8-1567a (2025).)

Refusing a Blood or Breath Test in Kansas

Kansas' "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a blood or breath test. Motorists who refuse testing face a one-year suspension followed by a restricted license period with an IID of two years for a first offense. (Kan. Stat. §§ 8-1001, 8-1002, 8-1014 (2025).)

Plea Bargaining in Kansas DUI Cases

If you get charged with a DUI in Kansas, you might be hoping to get the charge dismissed altogether. However, unless the court throws out evidence that's critical to prove the charge, it's unlikely a prosecutor will agree to a complete dismissal. Kansas statute prohibits reducing a DUI charge to a lesser offense, but a diversion agreement is sometimes possible. (Kan. Stat. § 8-1567 (2025).)