Kansas: Underage DUI

The drinking age in Kansas is 21 and consumption of alcohol by anyone under 21 is illegal with the following exceptions:

  • on private, non alcohol-selling premises, with consent of a legal guardian   -- for example, with legal guardian’s permission at a party, or
  • for government work – for example, if the underage drinker is working on government research or is working for the police, or
  • with consent of a legal guardian on alcohol-selling premises – for example, at a restaurant or catered affair.

Although drivers under 21 account for approximately 10% of licensed drivers, they accounted for 17% of DUI related fatalities in Kansas in a recent study. Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the standards are stricter and the penalties may be harsher for those under 21.  

More information about Kansas’s teen driving requirements.

What constitutes driving under the influence?

If a chemical test determines that a driver under 21 has a BAC of .02% or higher, the driver can be cited for driving under the influence. (For those 21 or older, the BAC is .08%).

What are the penalties?

If First Drunk Driving Conviction: if BAC is above .02% but below .08%, the driver under 21 is subject to automatic 30 day license suspension. If above .08%, imprisonment (48 hours up to 1 year), fine ($500 to $1,000), license suspension (30 days and restricted for an addition 330 days)(more information:  First Offense DUI in Kansas). License restrictions and penalties are enhanced if BAC above .15%.

If Second Drunk Driving Conviction: imprisonment (Up to 1 year jail) fine ($1000 up to $1500) license suspension (1 year). (More Information:  Second Offense DUI in Kansas.)

What if you refuse the chemical test? Read about Kansas implied consent laws.

What other charges?

In addition to driving under the influence, an underage drinker may be charged with any of the following:

  • distributing alcohol to other minors (were there underage drunk passengers?),
  • minor in possession,
  • soliciting alcohol,
  • child endangerment law violations,
  • possession of false identification (was a fake id used to purchase alcohol?), and
  • moving and vehicle maintenance violations (what else did the arresting officer see?).

What happens to insurance?

Some insurance companies may terminate a policy after an underage DUI (while others refuse to renew). Supposedly, an insurance company may not consider a first DUI in determining rates if the BAC is above .02% but below .08%. However, it’s not clear how this law is enforced and it is possible that most companies simply raise the cost of the monthly premium by $100 to $200 (sometimes higher) for a higher risk policy. The raise usually stays in place for three to five years. You’ll also probably need to furnish the DMV with an SR-22 certificate to reinstate a license after suspension (as proof of insurability). Most insurance companies furnish this form to the DMV. Check with your insurer to see if it performs this service.

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