Kansas' DUI laws prohibit all motorists from operating or attempting to operate a motor 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.
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.
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 DUI penalties vary based on the circumstances of the case. But the range of allowable penalties depends, in large part, on how many prior convictions the offender has. Here are what the potential sentences generally look like for a first, second, and third DUI.
Jail |
48 hours to six months |
120 hours to 12 months |
30 days to 1 year |
Fines |
Up to $1,000 |
Up to $1,750 |
Up to $2,500 |
License Suspension |
30 days (1 year with BAC of .15 g/ml or more) |
1 year |
1 year |
180 days (1 year with BAC of .15 g/ml or more) |
1 year (2 years with BAC of .15 g/ml or more) |
2 years (3 years with BAC of .15 g/ml or more) |
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 with the following restriction periods:
1st Offense |
2nd offense |
3rd Offense |
|
IID Required |
2 years |
3 years |
4 years |
For purposes of determining what is a second or third refusal, all prior DUI convictions, refusals, and failed BAC test (.08 grams per milliliter or greater) within the person's life are counted.
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.
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