DWI/DUI - Drunk Driving Laws And Attorneys In Kansas
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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DWI/DUI - Drunk Driving Laws And Penalties In Kansas
In Kansas, it is against the law to drive or attempt to operate a motor
vehicle while having a blood or breath alcohol concentration (BAC) of .08
or above. Drivers convicted with a BAC of .15 or greater could face
additional sanctions.
IMPLIED CONSENT TO ALCOHOL TEST
Kansas law (K.S.A. 8-1001) requires a driver to submit to and complete
one or more test of breath, blood or urine to determine if the driver is
under the influence of alcohol or drugs or both. A refusal to submit to
and complete any test requested by a law enforcement officer will result
in a driver license suspension of 1 year. Test results showing an
alcohol concentration of .08 or greater (.02 or greater in the case of a
driver under age 21) will result in a license suspension of at least 30
days. If a driver refuses a test or if the test results show an alcohol
concentration of .08 or greater and the driver has previously been
convicted or granted diversion on a charge of driving under the influence
of alcohol or drugs, or both, or a related offense, or has refused or failed
a test within the past five years the person’s driving privileges will be
suspended for at least one year. A refusal to submit to a chemical test
or the results of a chemical test may be used at any trial on a charge
arising out of the operation or attempted operation of a motor vehicle
while under the influence of alcohol or drugs, or both.
Court Penalties For A DUI Conviction
Please Note: Those convicted of involuntary manslaughter while driving
under the influence will most likely be sentenced to imprisonment,
ranging from 38 to 172 months.
First DUI Offense
a) You will receive 48 hours of mandatory imprisonment or 100 hours of
community service and must complete a court ordered alcohol and drug
safety action education program and/or treatment program (at your
expense). In addition, you will be fined $500 to $1,000 plus court costs,
probation and evaluation fees.
b) Your driving privileges will be suspended for 30 days, then restricted
for an additional 330 days.
c) Your vehicle can be impounded for up to one year.
Second DUI Offense
a) You will receive 90 days to one year imprisonment and will be fined
$1,000 to $1,500 plus court costs, probation and evaluation fees.
b) You must complete the court ordered treatment program for alcohol
and drug abuse (at your expense).
c) Your driving privileges will be suspended for one year. After a one-
year suspension of driving privileges is completed, you are restricted to
driving only a motor vehicle equipped with an ignition interlock device for
one year. This mechanism makes it impossible for anyone who is
intoxicated to start the motor vehicle. Proof of such device’s installation
and use shall be provided to the Division of Motor Vehicles before
driving privileges are fully reinstated.
d) Your vehicle can be impounded for up to one year.
Third DUI Offense
a) You will be charged with a felony offense, receive 90 days to one year
imprisonment and be fined $1,500 to $2,500 plus court costs, probation
and evaluation fees.
b) You must complete the court ordered treatment program for alcohol
and drug abuse (at your expense).
c) Your driving privileges will be suspended for one year. After a one-
year suspension of driving privileges is completed, you are restricted to
driving only a motor vehicle equipped with an ignition interlock device for
one year. Proof of such device’s installation and use shall be provided to
the Division of Motor Vehicles before driving privileges are fully
reinstated.
d) Your vehicle can be impounded for up to one year.
Fourth DUI Offense
a) You will be charged with a felony offense, receive 90 days to one year
imprisonment and be fined $2,500 plus court costs, probation and
evaluation fees.
b) You must complete the court ordered treatment program for alcohol
and drug abuse (at your expense).
c) Your driving privileges will be suspended for one year. Any court may
revoke a person’s license plate or temporary registration for a period of
one year. After a one-year suspension of driving privileges is completed,
you are restricted to driving only a motor vehicle equipped with an
ignition interlock device for one year. Proof of such device’s installation
and use shall be provided to the Division of Motor Vehicles before
driving privileges are fully reinstated.
d) At the end of the incarceration/work release program, you will be
placed in the custody of the Secretary of the Kansas Department of
Corrections for a one-year period of post-release supervision which
shall be required to include completion of a drug/alcohol treatment
program (at your expense).
e) Your vehicle can be impounded for up to one year.
Fifth Or More DUI Offenses
a) You will be charged with a felony offense, receive 90 days to one year
imprisonment and be fined $2,500 plus court costs, probation and
evaluation fees.
b) Your driving privileges will be permanently revoked.
c) At the end of the incarceration/work release program, you will be
placed in the custody of the Secretary of the Kansas Department of
Corrections for a one-year period of post-release supervision which
shall be required to include completion of a drug/alcohol treatment
program (at your expense).
DUI With Children Under 14 In Vehicle
Any person convicted of a DUI who has a child under 14 years of age as
a passenger shall have their punishment enhanced by one month of
imprisonment. The enhanced imprisonment must be served
consecutively to any other penalty.
It is illegal to operate a CMV if your blood alcohol concentration (BAC)
is .04% or more
If you operate a CMV, you shall be deemed to have given your consent to
alcohol testing. You will lose your CDL for at least one year for a
first offense for:
a) Driving a CMV if your blood alcohol concentration
is .04% or higher.
b) Driving a CMV under the influence of alcohol.
c) Refusing to undergo blood alcohol testing.
b) Driving a CMV while under the influence of a controlled substance.
d) You will lose your CDL for at least three years if the offense occurs
while you are operating a CMV that is placarded for hazardous materials.
e) You will lose your CDL for life for a second offense.
f) You will lose your CDL for life if you use a CMV to commit a felony
involving controlled substances.
e) You will be put out-of-service for 24 hours if you have any detectable
amount of alcohol under .04%.
Drivers License Reinstatement In Kansas
If a license is suspended for an alcohol related offense, a reinstatement
fee of at least $100.00 and an examination fee of $25.00 will be charged
before the license will be reinstated.
Hardship Drivers license
Kansas laws do not allow the issuance of a hardship license, that
would allow a person to drive during the length of their suspension,
revocation, cancellation or disqualification period.
Exceptions to one's driving privileges when that person is restricted
to only operating a motor vehicle with an ignition interlock device
A person who is restricted to operating only a vehicle with an ignition
interlock device may operate an employer's vehicle without an ignition
interlock device during normal business hours, provided that the person
does not partly or entirely own or control the employer's vehicle or
business. (K.S.A. 8-1014(h) applies).
In Kansas, it is against the law to drive or attempt to operate a motor
vehicle while having a blood or breath alcohol concentration (BAC) of .08
or above. Drivers convicted with a BAC of .15 or greater could face
additional sanctions.
IMPLIED CONSENT TO ALCOHOL TEST
Kansas law (K.S.A. 8-1001) requires a driver to submit to and complete
one or more test of breath, blood or urine to determine if the driver is
under the influence of alcohol or drugs or both. A refusal to submit to
and complete any test requested by a law enforcement officer will result
in a driver license suspension of 1 year. Test results showing an
alcohol concentration of .08 or greater (.02 or greater in the case of a
driver under age 21) will result in a license suspension of at least 30
days. If a driver refuses a test or if the test results show an alcohol
concentration of .08 or greater and the driver has previously been
convicted or granted diversion on a charge of driving under the influence
of alcohol or drugs, or both, or a related offense, or has refused or failed
a test within the past five years the person’s driving privileges will be
suspended for at least one year. A refusal to submit to a chemical test
or the results of a chemical test may be used at any trial on a charge
arising out of the operation or attempted operation of a motor vehicle
while under the influence of alcohol or drugs, or both.
Court Penalties For A DUI Conviction
Please Note: Those convicted of involuntary manslaughter while driving
under the influence will most likely be sentenced to imprisonment,
ranging from 38 to 172 months.
First DUI Offense
a) You will receive 48 hours of mandatory imprisonment or 100 hours of
community service and must complete a court ordered alcohol and drug
safety action education program and/or treatment program (at your
expense). In addition, you will be fined $500 to $1,000 plus court costs,
probation and evaluation fees.
b) Your driving privileges will be suspended for 30 days, then restricted
for an additional 330 days.
c) Your vehicle can be impounded for up to one year.
Second DUI Offense
a) You will receive 90 days to one year imprisonment and will be fined
$1,000 to $1,500 plus court costs, probation and evaluation fees.
b) You must complete the court ordered treatment program for alcohol
and drug abuse (at your expense).
c) Your driving privileges will be suspended for one year. After a one-
year suspension of driving privileges is completed, you are restricted to
driving only a motor vehicle equipped with an ignition interlock device for
one year. This mechanism makes it impossible for anyone who is
intoxicated to start the motor vehicle. Proof of such device’s installation
and use shall be provided to the Division of Motor Vehicles before
driving privileges are fully reinstated.
d) Your vehicle can be impounded for up to one year.
Third DUI Offense
a) You will be charged with a felony offense, receive 90 days to one year
imprisonment and be fined $1,500 to $2,500 plus court costs, probation
and evaluation fees.
b) You must complete the court ordered treatment program for alcohol
and drug abuse (at your expense).
c) Your driving privileges will be suspended for one year. After a one-
year suspension of driving privileges is completed, you are restricted to
driving only a motor vehicle equipped with an ignition interlock device for
one year. Proof of such device’s installation and use shall be provided to
the Division of Motor Vehicles before driving privileges are fully
reinstated.
d) Your vehicle can be impounded for up to one year.
Fourth DUI Offense
a) You will be charged with a felony offense, receive 90 days to one year
imprisonment and be fined $2,500 plus court costs, probation and
evaluation fees.
b) You must complete the court ordered treatment program for alcohol
and drug abuse (at your expense).
c) Your driving privileges will be suspended for one year. Any court may
revoke a person’s license plate or temporary registration for a period of
one year. After a one-year suspension of driving privileges is completed,
you are restricted to driving only a motor vehicle equipped with an
ignition interlock device for one year. Proof of such device’s installation
and use shall be provided to the Division of Motor Vehicles before
driving privileges are fully reinstated.
d) At the end of the incarceration/work release program, you will be
placed in the custody of the Secretary of the Kansas Department of
Corrections for a one-year period of post-release supervision which
shall be required to include completion of a drug/alcohol treatment
program (at your expense).
e) Your vehicle can be impounded for up to one year.
Fifth Or More DUI Offenses
a) You will be charged with a felony offense, receive 90 days to one year
imprisonment and be fined $2,500 plus court costs, probation and
evaluation fees.
b) Your driving privileges will be permanently revoked.
c) At the end of the incarceration/work release program, you will be
placed in the custody of the Secretary of the Kansas Department of
Corrections for a one-year period of post-release supervision which
shall be required to include completion of a drug/alcohol treatment
program (at your expense).
DUI With Children Under 14 In Vehicle
Any person convicted of a DUI who has a child under 14 years of age as
a passenger shall have their punishment enhanced by one month of
imprisonment. The enhanced imprisonment must be served
consecutively to any other penalty.
It is illegal to operate a CMV if your blood alcohol concentration (BAC)
is .04% or more
If you operate a CMV, you shall be deemed to have given your consent to
alcohol testing. You will lose your CDL for at least one year for a
first offense for:
a) Driving a CMV if your blood alcohol concentration
is .04% or higher.
b) Driving a CMV under the influence of alcohol.
c) Refusing to undergo blood alcohol testing.
b) Driving a CMV while under the influence of a controlled substance.
d) You will lose your CDL for at least three years if the offense occurs
while you are operating a CMV that is placarded for hazardous materials.
e) You will lose your CDL for life for a second offense.
f) You will lose your CDL for life if you use a CMV to commit a felony
involving controlled substances.
e) You will be put out-of-service for 24 hours if you have any detectable
amount of alcohol under .04%.
Drivers License Reinstatement In Kansas
If a license is suspended for an alcohol related offense, a reinstatement
fee of at least $100.00 and an examination fee of $25.00 will be charged
before the license will be reinstated.
Hardship Drivers license
Kansas laws do not allow the issuance of a hardship license, that
would allow a person to drive during the length of their suspension,
revocation, cancellation or disqualification period.
Exceptions to one's driving privileges when that person is restricted
to only operating a motor vehicle with an ignition interlock device
A person who is restricted to operating only a vehicle with an ignition
interlock device may operate an employer's vehicle without an ignition
interlock device during normal business hours, provided that the person
does not partly or entirely own or control the employer's vehicle or
business. (K.S.A. 8-1014(h) applies).
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