Learn about the penalties for a first, second, and third DUI conviction in Kansas.
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.
Kanas'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. Ann. § 8-1001.)
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 this includes any "overt act to engage" and does not require movement of the vehicle. So while driving is sufficient for a conviction, it isn't required.
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 a number of factors such as gender, body size, and the number and strength of drinks.
Kansas First DUI Penalties
A first DUI is a misdemeanor and generally carries:
- 48 hours to six months in jail
- up to $1,000 in fines
- a 30-day license suspension, and
- a 180-day ignition interlock device (IID) requirement.
The penalties for a first offense are more severe if the driver had a BAC of .15% or more.
Kansas Second DUI Penalties
A second DUI is a misdemeanor and generally carries:
- 120 hours to 12 months in jail
- up to $1,750 in fines
- a one-year license suspension, and
- a one-year IID requirement.
The penalties for a second offense are more severe if the driver had a BAC of .15% or more.
Kansas Third DUI Penalties
A third DUI is generally a misdemeanor and typically carries:
- 30 days to 12 months in jail
- up to $2,500 in fines
- a one-year license suspension, and
- a two-year IID requirement.
The penalties for a third offense are more severe if the driver had a BAC of .15% or more.
Third or Subsequent DUIs Can be Felonies in Kansas
If a driver is convicted of a third DUI and either of the prior two convictions was within the past 10 years, the third offense will be a felony. As a felony, a third DUI generally carries:
- 90 days to 12 months in jail
- up to $1,750 to $2,500 in fines
- a one-year license suspension, and
- a minimum two-year IID requirement.
The penalties for a third offense are more severe if the driver had a BAC of .15% or more.
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 felony. A conviction carries seven to 23 months in prison, plus a fine of up to $100,000. If the person suffered great bodily harm, the prison term will be 31 to 136 months, with a maximum $300,000 fine. And if the impaired driver's license was suspended or restricted or the driver was considered a habitual violator, the prison term will be 38 to 172 months with a maximum $300,000 fine.
Involuntary Manslaughter Charges Related to a DUI in Kansas
Causing the death of another while under the influence is considered involuntary manslaughter and carries 38 to 172 months in prison and up to $300,000 in fines. Involuntary manslaughter committed while suspended, revoked, or as a habitual violator will be a level 3 felony and will result in 55 to 247 months in prison and a maximum $300,000 fine.
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.
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, but a restricted license may be available.
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 and a restricted license period of two to four years.
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.
