Kansas DUI law states that it is unlawful for any person to operate or be in physical control of a motor vehicle while they are under the influence of alcohol or drugs with a blood alcohol level of .08% or greater.
It is also unlawful to operate or be in physical control of a motor vehicle in Kansas if your ability to safely operate a vehicle has been impaired by consuming alcohol or drugs.
Also any commercial motor vehicle driver is considered to be under the influence in Kansas with a blood alcohol concentration of .04% or greater.
If you are found to be under the influence of alcohol with either a BAC level of .08% or greater or your ability to safely operate a motor vehicle has been found to be impaired by the officer, you will be arrested immediately and the arresting officer will confiscate your driver's license and issue you a DC-27 (notice of license suspension form).
If you submitted to a chemical test and are a first time offender over the age of 21 your license will be immediately suspended for 30 days. If you are a first time offender and refused to submit to a chemical test your license will be suspended for 1-year. Whether this is your first offense or a repeat offense, it is extremely important to request an administrative hearing and fight your license suspension because the state of Kansas does not offer a restricted license or hardship license to DUI offenders.
You only have ten days from the date of the arrest in which to request an administrative hearing with the Kansas DMV if you wish to retain your driving privileges. It is also very important to hire a Kansas DUI lawyer who has experience when it comes to representing clients at DMV hearings.
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Kansas DUI Under 21 Years of Age
Kansas has a 'zero tolerance' law when it comes to under age drinking. Any person under 21 who is arrested for driving under the influence with a blood alcohol concentration level of .02% or greater is in violation of the Kansas zero tolerance law and will have their license immediately suspended.
If this was a first offense for driving under the influence while under the age of 21, your license will be suspended for 30-days followed by 330 days of restricted driving privileges. If the first time offender's blood alcohol level was .15% or greater, their license will be suspended for 1-year followed by 1-year of restricted driving privileges that require the installation of an ignition interlock device on the offender's vehicle.
A second offense under the age of 21 will result in a 1-year license suspension followed by 2-years of driving with a mandatory ignition interlock device. A third offense under the age of 21 will result in a 1-year suspension followed by 3-years of driving with a mandatory ignition interlock device.
Kansas First Offense DUI
A first offense DUI conviction in Kansas is a Class B non-person misdemeanor offense. The penalties for a first offense DUI charge are as follows:
Jail time: The minimum jail sentence for a first offense conviction is 48 consecutive hours and the maximum jail sentence is 6-months. If a passenger under the age of 14 was in the vehicle at the time of your arrest, you will have to serve an additional 30 days of jail time.
Fines: The minimum fine for a first offense conviction is $500 and the maximum fine can go as high as $1,000 plus you will have to pay all related court costs.
License Suspension: If you submitted to a chemical test and your BAC level was below .15% your license will be suspended for 30-days followed by 330-days of restricted driving privileges. You will also have to pay a $100 license reinstatement fee.
If you refused a chemical test or your BAC level was .15% or greater, your license will be suspended for 1-year followed by a mandatory 1-year with an ignition interlock device installed on all vehicles you operate. You will also have to pay a $400 license reinstatement fee for a test refusal.
Before the Kansas DMV will reinstate your license, you will be required to file an SR22 form with the DMV showing proof of financial responsibility in the form of a Kansas SR22 insurance policy.
Vehicle Impoundment: The court may also order your vehicle to be impounded for up to 1-year.
Substance Abuse Program: You will be required to attend a state approved alcohol and drug abuse program.
Community Service: The court may order you to serve a minimum of 100-hours of community service in lieu of jail time.
Kansas Second Offense DUI
A second offense conviction in Kansas is a Class A non-person misdemeanor offense. The penalties for a second offense DUI conviction are as follows:
Jail time: The minimum jail sentence for a second offense conviction is 90-days and the maximum jail sentence is 1-year. If a passenger under the age of 14 was in the vehicle at the time of your arrest, you will have to serve an additional 30 days of jail time.
Fines: The minimum fine for a second offense conviction is $1,000 and the maximum fine can go as high as $1,500 plus you will have to pay all related court costs.
License Suspension: If you submitted to a chemical test and your BAC level was below .15% your license will be suspended for 1-year followed by 1-year of restricted driving privileges with an ignition interlock device installed on any vehicle you drive. You will also have to pay a $200 license reinstatement fee.
If you refused a chemical test or your BAC level was .15% or greater, your license will be suspended for 1-year followed by a mandatory 2-years with an ignition interlock device installed on all vehicles you drive. You will also have to pay a $600 license reinstatement fee for a test refusal.
Before the Kansas DMV will reinstate your license, you will be required to file an SR22 form with the DMV showing proof of financial responsibility in the form of a Kansas SR22 insurance policy.
Vehicle Impoundment: The court may also order your vehicle to be impounded for up to 1-year.
Substance Abuse Program: You will be required to attend a state approved alcohol and drug abuse program.
Kansas Third Offense DUI
A third offense conviction in Kansas is a Non-person felony offense. The penalties for a third offense DUI conviction are as follows:
Jail time: The minimum jail sentence for a third offense conviction is 90-days and the maximum jail sentence is 1-year. If a passenger under the age of 14 was in the vehicle at the time of your arrest, you will have to serve an additional 30 days of jail time.
Fines: The minimum fine for a third offense conviction is $1,500 and the maximum fine can go as high as $2,500 plus you will have to pay all related court costs.
License Suspension: If you submitted to a chemical test and your BAC level was below .15% your license will be suspended for 1-year followed by 1-year of restricted driving privileges. You will also have to pay a $300 license reinstatement fee.
If you refused a chemical test or your BAC level was .15% or greater, your license will be suspended for 1-year followed by a mandatory 3-years with an ignition interlock device installed on all vehicles you drive. You will also have to pay a $800 license reinstatement fee for a test refusal.
Before the Kansas DMV will reinstate your license, you will be required to file an SR22 form with the DMV showing proof of financial responsibility in the form of a Kansas SR22 insurance policy.
Vehicle Impoundment: The court may also order your vehicle to be impounded for up to 1-year.
Substance Abuse Program: You will be required to attend a state approved alcohol and drug abuse program.
Kansas Fourth Offense DUI
A fourth offense conviction in Kansas is a Non-person felony offense. The penalties for a fourth offense DUI conviction are as follows:
Jail time: The minimum jail sentence for a fourth offense conviction is 90-days and the maximum jail sentence is 1-year. If a passenger under the age of 14 was in the vehicle at the time of your arrest, you will have to serve an additional 30 days of jail time.
Fines: The minimum fine for a fourth offense conviction is $2,500 plus you will have to pay all related court costs.
License Suspension: If you submitted to a chemical test and your BAC level was below .15% your license will be suspended for 1-year followed by 1-year of restricted driving privileges. You will also have to pay a $400 license reinstatement fee.
If you refused a chemical test or your BAC level was .15% or greater, your license will be suspended for 1-year followed by a mandatory 4-years with an ignition interlock device installed on all vehicles you operate. You will also have to pay a $1,000 license reinstatement fee for a test refusal.
Before the Kansas DMV will reinstate your license, you will be required to file an SR22 form with the DMV showing proof of financial responsibility in the form of a Kansas SR22 insurance policy.
Vehicle Impoundment: The court may also order your vehicle to be impounded for up to 1-year.
Substance Abuse Program: You will be required to attend a state approved alcohol and drug abuse program.
Kansas Fifth or Subsequent Offense DUI
A fifth or subsequent offense conviction in Kansas is a Non-person felony offense. The penalties for a fifth or subsequent offense DUI conviction are as follows:
Jail time: The minimum jail sentence for a fifth or subsequent offense conviction is 90-days and the maximum jail sentence is 1-year. If a passenger under the age of 14 was in the vehicle at the time of your arrest, you will have to serve an additional 30 days of jail time.
Fines: The minimum fine for a fifth or subsequent offense conviction is $2,500 plus you will have to pay all related court costs.
License Suspension: If you are found guilty of a fifth or subsequent offense DUI in Kansas your driver's license will be permanently revoked. Meaning you will never be able to obtain a driver's license in any state again.
Vehicle Impoundment: The court may also order your vehicle to be impounded for up to 1-year.
Substance Abuse Program: You will be required to attend a state approved alcohol and drug abuse program.
Kansas SR22 Requirements
Before the Kansas DMV will reinstate your license following your suspension period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.
At anytime during this 3-year period if there is a lapse in your Kansas SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Kansas DMV of the lapse. If a lapse in coverage occurs, the Kansas DMV will immediately suspend your license and you will be required to re-file an SR22 form with the DMV before they will issue you another license.
Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Kansas and has worked out a special discount only available here for our website visitors.
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Additional Resources
Kansas DUI Laws
Kansas Department of Motor Vehicles
Kansas Substance Abuse Program Information
