Kansas DUI Penalties

Kansas DUI laws and penalties

Each State within the United States is given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article we will explore the different DUI laws within the State of Kansas, and their penalties. To begin with, Kansas has what is known as a "Lookback Period". For most purposes, this includes only prior DUI convictions that occurred on or after July 1, 2001. But a third DUI is a felony (as opposed to a misdemeanor) if you have at least one prior offense within the past ten years. Bottom line, if you have prior DUI's they become relevant in the sentencing you are now facing with your current DUI. This is also known as a "washout" period.

What constitutes a high BAC for a DUI in Kansas?

  • Under 21: .02%
  • 21 or Older: .08%
  • Commercial: .04%

There is never an acceptable time to drink and drive, as your vision, reasoning, along with your mental capacity to make important decisions and judgments are severely hindered and are not capable of bouncing back to what you are capbale to perform without alcohol in your system. Each person is different, and their tolerance for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform a chemical test on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test to determind your BAC, or Blood Alcohol Content, the State of Kansas has an implied consent law. this means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take a chemical test, the penalties are as follows:

  • First Offense: 1 year license suspension, followed by 2 years driving only with an IID
  • Second Offense: 1 year license suspension, followed by 3 years driving only with an IID
  • Third Offense: 1 year license suspension, followed by 4 years driving only with an IID

What are the penalties within the Kansas DUI laws?

There are several penalties within the Kansas DUI laws and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol within the boarders of Kansas, the following are the penalties you will be facing: 

Penalty of Jail

  • First Offense: 48 hours minimum
  • Second Offense: 5 days up to 1 year
  • Third Offense: 90 days up to 1 year
  • Fourth Offense: 90 days up to 1 year

Penalties and Fines

  • First Offense: $750 to $1,000
  • Second Offense: $1,250 to $1,750
  • Third Offense: $1,750 to $2,500
  • Fourth Offense: $2,500

Penalty of License Suspension

  • First Offense: 30 days
  • Second Offense: 1 year
  • Third Offense: 1 year
  • Fourth Offense: 1 year

Penalty of Ignition Interlock Device (IID)

  • First Offense: Yes
  • Second Offense: Yes
  • Third Offense: Yes
  • Fourth Offense: Yes


It is important to note that laws change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason, it would be in your best interest to retain the services of an experienced and professional DUI lawyer who is well versed in Kansas DUI law and is capable of giving you the direction you need for your specific case, as well as being fully aware of the current laws pertaining to DUI. 

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Category: DUI and DWI