Kansas DUI Law

In Kansas it is against the law to drive with a blood alcohol concentration of .08 or greater. It is also illegal to operate a vehicle while intoxicated with drugs, alcohol, or a combination of the two to the point that you are prevented from safely operating the car.

Penalties

First Offense:

On the first offense the court will sentence you to jail for a period of 48 hours – 6 months or sentence you to 100 hours of public service. In addition, the court will impose a fine of $500 - $1,000.

Second Offense:

On the second conviction, the court will sentence you to jail for a period of 90 days – 1 year. After 48 hours, you may be eligible for work release. If the court approves a work release program, you can leave for work but will spend nights in jail. After 48 hours you are also eligible for house arrest. After 5 days the court may suspend the rest of the sentence and put the offender on probation.

The court will also impose a fine of between $1,000 - $1,500.

As a condition of any probation, work release, or house arrest the court will require enrollment and successful completion of a drug and alcohol program.

Third Offense:

The third conviction is a felony. On the third conviction, the court will sentence you to jail for a period of 90 days – 1 year. After 48 hours, you may be eligible for work release. If the court approves a work release program, you can leave for work but will spend nights in jail. After 48 hours you are also eligible for house arrest. After 90 days, the court may suspend the rest of the sentence and place the offender on probation.

The court will also impose a fine of between $1,500 - $2,500.

As a condition of any probation, work release, or house arrest the court will require enrollment and successful completion of a drug and alcohol program.

Fourth Offense:

The fourth conviction is a felony. On the fourth conviction, the court will sentence you to jail for a period of 90 days – 1 year. After 72 hours, you may be eligible for work release. If the court approves a work release program, you can leave for work but will spend nights in jail. After 72 hours you are also eligible for house arrest. After 90 days the court may suspend the rest of the sentence and place the offender on probation.

The court will also impose a fine of $2,500.

As a condition of any probation, work release, or house arrest the court will require enrollment and successful completion of a drug and alcohol program.

The fourth offense will be followed by a one year period of post release supervision, which will require either an inpatient or outpatient alcohol treatment program.

Minor In the Car::

If you are convicted of a DUI with a child under the age of 14 in the car, the court will add one month on to the end of the sentence.

Inability to Pay the Fine::

If an offender is unable to pay the fine imposed by the court, they may request to do community service to work off the fine. This may be worked out at a rate of $5/hr.

Vehicle Impounding::

After any conviction, the court may impound or immobilize the offender’s vehicle for up to one year.

License Suspensions::

First Offense::

30 days followed by 330 days of restriction.

Second, Third and Fourth Offenses::

One year suspension followed by one year during which an ignition interlock device will be attached to the car. This device prevents someone with a BAC of greater than .02 from operating the car.

Fifth Offense::

Permanent revocation

Drunk Driving Under 21::

If you are under the age of 21 and have a BAC of between .02 and .08, the following penalties apply:

First Offense::

License suspension for 30 days.

Second Offense::

License suspension for one year.: