KANSAS DUI LAW

Blood Alcohol Content (“BAC”) for a DUI in Florida:

• Standard BAC: .08% or above
• Zero Tolerance BAC (under 21): .02% or above
• Professional Drivers: .04% or above
• High BAC: .15% or above (penalties may be increased at judge’s discretion)

Implied Consent and Chemical Test Refusal:

In Kansas driving in a car constitutes implied consent to take a breathalyzer, blood, or urine test, when asked to do so by a police officer. The consequences for refusing the chemical test is a 1 year driver’s license suspension, regardless of whether the driver actually had an elevated BAC.

Note: DUI laws in Kansas vary from county to county. As you can see below, DUI charge can have serious and long term consequences. You should seriously consider contacting a Kansas DUI attorney. A DUI attorney may be able to help you better understand your options and represent you in court if necessary.

DUI Arrest/Civil Case Potential Penalties:

• License Suspension: (no hardship exceptions)
  • First DUI Conviction: 30 days
  • Second & Subsequent Conviction in Five Years: 1 year
• License Restrictions (1st DUI): 330 days, after the suspension ends
• Monetary Fines:
  • First DUI Conviction: $500-$1000
  • Second DUI Conviction: $1000-$1500
  • Third DUI Conviction: $1500-$2500
  • Fourth DUI Conviction: $2500 minimum
• Community Service: 100 hours may be ordered by the court after the first DUI conviction in place of 48 hours in jail
• Motor Vehicle Impound: up to one year
• Ignition Interlock: A driver is required to install an ignition interlock device after the second DUI conviction for a full year after the license suspension ends.
• Prison Time: An extra month is added when there is minor under 14 years of age in the car.
  • First DUI Conviction: 48 hours in jail, which may be substituted by 100 hours of community service and completion of a treatment program at the judge’s discretion
  • Second/Third DUI conviction: 90 days-1 year in jail, 72 hours of which have to be consecutive before work release
  • Fourth DUI conviction: 180 days -1year, 144 hours of which have to be served consecutively before work release
• Court Ordered Treatment: Attending a program at the driver’s cost is required for the second and all subsequent DUI arrests.
• Probation: The driver may not break any laws, consume alcohol, or attend a place where alcohol is served (except for sporting events and restaurants)

Diversion: After a first DUI, if there are no injuries, the driver may participate in a program that upon completion clears his record. Diversion requires the driver to accept responsibility for the crime and not do the following for a year:

1. Break any laws
2. Drink alcohol
3. Go to places were alcohol is served (except for restaurants and sporting events)
4. Take random urine samples to prove compliance

DUI Criminal Charges

When arrested for DUI, the driver has a right to a Kansas DUI attorney to help him or her in navigate through Kansas’s complex criminal justice system. If you have been arrested you should speak with a Kansas DUI attorney.

First and second DUI convictions are charged as misdemeanors. The third and all subsequent DUIs are charged as felonies. After a fifth DUI, the person’s driving privileges may be permanently revoked. If the driver kills another person, while driving under the influence of alcohol, the driver can be charged with involuntary manslaughter and sentenced to 38 to 172 months in jail.

DUI Administrative Procedure

Aside from a criminal case, the DMV files a civil administrative case. The only possible consequences of the civil case are license related, and still apply regardless of whether the driver is on diversion.

Reinstating Your License After a Kansas DUI Conviction:

• Pay the restoration fee of $100
• Provide proof of liability insurance (SR-22 form)

Effect of a DUI on Car Insurance: To qualify for a restricted license after a DUI, or to have the general license reinstated, the driver must have car insurance and have his insurer present the Kansas DMV with an SR-22 Proof of Insurance Certificate. An insurance carrier may decide not to continue insurance coverage for a DUI arrest, or may raise premiums every year for a maximum of ten years.

Effect of DUI on Driving Record: In Kansas, the first DUI may be removed from the driver’s record, when diversion is completed. Also, a DUI may be removed from the driver’s record in five years after filing the request with the court.

Under 21 and DUI: A driver who is under the age of 21 and has a BAC of .08 and higher can have his or her license suspended for one year. A driver who is under the age of 21 and has a back of .02 or higher may have his or her license suspended for 30 days and receive a restricted license for 330 days after that.

Kansas Resources

Kansas Department of Transportation DUI Fact Sheet

Kansas Department of Motor Vehicles (“Kansas Department of Revenue”)