Kansas DUI Laws & Penalties

kansas city dui lawyer

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.

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 fine will be between $750 and $1,000 plus you will have to pay all related court costs.
Community service: The court may grant you a minimum of 100-hours of community service in lieu of jail time.
Substance abuse program: You will be required to undergo an alcohol evaluation and complete the treatment the evaluator recommends to the court.
Test refusal: First offense refusal will result in a 1 year license suspension. Following the 1 year suspension an ignition interlock will be required for the next 1 year period. There is also a $400 license reinstatement fee for a test refusal.
Ignition interlock: Following the suspension period you will be required to maintain an ignition interlock on your vehicle(s) for the next 6-12 months.
License suspension: Your license will be suspended for a minimum of 30 days followed by 6-12 months of IID driving as long as submitted to a chemical test. 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.

sr22 insurance alaska



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 jail sentence for a second offense conviction is 90 days to 1 year. You must serve at least 5 days imprisonment before probation is granted for the remainder of your sentence. At least 2 days must be served in jail before you serve the remainder of the imprisonment term under house arrest or on work release program.
Fines: The fine will range between $1,250 and $1,750 plus you will have to pay all related court costs.
Substance abuse program: You will be required to attend a state approved alcohol and drug abuse program.
Test refusal: Second offense refusal will result in a 2 year license suspension. Following the 2 year suspension period an ignition interlock will be required for the next 2 year period. There is also a $600 license reinstatement fee for a test refusal.
Ignition interlock: Following the suspension period you will be required to maintain an ignition interlock on your vehicle(s) for the next 2 year.
License suspension: The license suspension period will be 1 year for a second offense as long as you submitted to a chemical test.  You will also have to pay a $200 license reinstatement fee. 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 SR-22 insurance policy.

sr22




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 jail sentence for a third offense conviction is 90 days to 1-year.  After serving 48 consecutive hours of the jail term the court will place you under house arrestor on a work release program for the remaining jail sentence term.
Fines: The fine will range from $1,750 to $2,500 plus you will have to pay all related court costs.
Substance abuse program: You will be required to attend a state approved alcohol and drug abuse program.
Test refusal: Third offense refusal will result in a 3 year license suspension. Following the 3 year suspension period an ignition interlock will be required for the next 3 year period. There is also a $800 license reinstatement fee for a test refusal.
Ignition interlock: Following the suspension period you will be required to maintain an ignition interlock on your vehicle(s) for the next 2-3 years depending on your BAC level.
License suspension: Your license will be suspended for 1 year as long as you submitted to a chemical test, followed by 2 years of IID driving. You will also have to pay a $300 license reinstatement fee. 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 SR22 insurance policy.

sr22 insurance alaska



Kansas Fourth or Subsequent 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 jail sentence for a fourth offense conviction is 90 days to 1-year. After serving 72 consecutive hours of the jail term the court will place you under house arrestor on a work release program for the remaining jail sentence term.
Fines: The fine for a fourth offense conviction is a flat $2,500 plus you will have to pay all related court costs.
Vehicle impoundment: The court may also order your vehicle to be impounded for up to 1 year.
Test refusal: Fourth offense refusal will result in a 5 year license suspension. Following the 5 year suspension period an ignition interlock will be required for the next 5 year period. There is also a $1000 license reinstatement fee for a test refusal.
Ignition interlock: Following the suspension period you will be required to maintain an ignition interlock on your vehicle(s) for the next 3 years.
Substance abuse program: You will be required to attend a state approved alcohol and drug abuse program.
License suspension: Your license will be suspended for 1 year as long as you submitted to a chemical test, followed by 3 years of IID driving. You will also have to pay a $300 license reinstatement fee. 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 SR22 policy.

sr22




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 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 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.

You won't be able to find a SR22 insurance policy in Kansas for any less. Type in your zip code below so we can provide you with the cheapest rates in your area.

saline dui lawyer

 

Other Kansas DUI Resources

  • Kansas First Offense - First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.

  • Kansas Second Offense - Second offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.

  • Kansas Third Offense - Third offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.

  • Kansas Fourth Offense - Fourth offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.

  • Kansas SR22 Insurance Filing - We have compiled everything you need to know about Kansas's SR22 insurance and filing requirements including important addresses, phone numbers, etc.

  • Kansas DUI Education Programs - We offer a complete listing of state approved DUI education & substance abuse programs listed by County.

  • Kansas Bail Bondsmen - Comprehensive list of Kansas bail bond agents including address, phone, website, etc.

online dui and dwi classes






dui dwi classes online100% Online DUI/DWI Classes!

nationwide dui and dwi classesClasses Accepted Nationwide!

60 day money back guaranteeMoney Back Guarantee!

dui class certificate sent upon completionOfficial Certificate By Priority Mail!

 

SR22 quote