In the state of Kansas a person will be arrested on a first offense DUI charge if their blood alcohol level is .08% or greater while operating a motor vehicle if they have not been convicted of a DUI charge within the state's look back period, even if they do not display the signs typically associated with DUI. Just the mere fact that they have a BAC above the legal limit is grounds for arrest.
A person may also be arrested on a first offense DUI charge in Kansas for driving a motor vehicle while they have been consuming alcohol and the alcohol has impaired their ability to safely operate a motor vehicle. In this case it is not necessary to have a BAC of .08% or greater. When a person is arrested for a first offense DUI charge in Kansas they will be faced with two separate cases.
The first being the actual criminal case for DUI, or driving under the influence, which will be handled by the Kansas criminal court system. The second is the pending sanctions against your driver's license by the Kansas Department of Revenue.
A first offense DUI conviction is a Class B misdemeanor. If convicted, there is a mandatory 48 hour jail sentence, or 100 hours of community service in lieu of the minimum jail time. The maximum jail sentence is up 6 months. If there was a passenger under the age of 14 in the vehicle at the time of arrest you will face an additional 1 month of jail time.
There is a fine of $500 to $1,000 plus court costs for a first offense conviction. Your driving privileges will also be suspended for 30 days followed by 330 days of restricted driving privileges. First time offenders who registered a BAC of .15% or greater will have their license suspended for 1-year and after the suspension period will be required to have an ignition interlock device installed on their vehicle for 1-year by a state approved vendor.
Following your suspension period you will be required to file an SR22 with the DMV before they will reinstate your driver's license. You can enter your zip code in the box below and complete the short form on the following page to obtain an SR22 insurance policy and filing:
First time offenders will also be required to attend and successfully complete a state approved alcohol evaluation program. If a first time offender refused to submit to the required chemical test, their driving privileges will be suspended for 1-year without the chance of restricted driving during that time.
The state of Kansas may also offer first time offender who have never been convicted of a DUI offense in the past, or were not involved in an accident due to driving under the influence the DUI Diversion Program. By accepting admittance into the program you are giving up the right to a speedy trial, in exchange for the chance to not have a DUI on your criminal record.
The Kansas DUI Diversion Program will require you to pay a fine, and more than likely attend an alcohol or drug evaluation program and meet whatever terms are required of you by the program. If you successfully complete the Diversion Program, the DUI arrest will not show up on your criminal record.
Upon being arrested on a first offense DUI charge in Kansas the arresting officer should have confiscated your driver's license and given you a form called a DC-27 that will act as your temporary driving permit for the next 10 days until the suspension goes into force.
Important: You only have 10 days from the date of your arrest in which to schedule an administrative hearing with the Department of Revenue if you wish to challenge the pending suspension of your driver's license. If you fail to request a hearing within the allotted 10 days, you will not be granted one.
Depending upon the Department's backlog you may actually have your pending suspension delayed because as long as you have requested a hearing your license may not be suspended by the Department until you have your hearing.
The purpose of the hearing will be for the Department to examine the arresting officer's documentation and testimony to make sure that probable cause was established for the stop, whether or not you refused to submit to a chemical test and if the officer informed you of the penalties for refusal, and whether or not you registered a BAC of .08% or greater. You and/or your lawyer will also have an opportunity to present any evidence in your favor and to provide testimony in your favor.
All first offenders will be required to show proof of financial responsibility in the form of an SR-22 filing with the Department of Revenue before being granted restricted driving privileges following the minimum suspension period or before your license is fully reinstated following the suspension.
The SR-22 filing will be completed by your Kansas insurance provider. Your provider will file a form called an SR-22 form with the Department showing that you have taken out an insurance policy with them that meets the state's minimum auto insurance requirements. This form acts as an agreement between your insurer and the Department of Revenue. If you experience a lapse in your SR22 insurance coverage for even one day, your insurer is obligated to inform the Department of the lapse.
If a lapse in coverage occurs the Department will cancel your driver's license or restricted permit and send you a letter informing you of the cancellation. In order to reinstate your driving privileges you will need to pay your SR22 premiums with your insurer and have your insurer file another SR-22 form with the Department. Once this is done you will then need to pay another reinstatement fee before the Department will issue you another license.
In order to avoid having this happen to you it is important to review multiple quotes from various insurance providers regarding your SR22 insurance needs prior to choosing a policy. Doing this will allow you to choose a policy with a lower premium that fits within your budget. You will more than likely be quite surprised at the difference in premiums you are quoted for the same SR22 insurance coverage. Get a quote from us now and see how much we can help you save.
Kansas DUI Laws - A complete overview of Kansas DUI laws including fines, jail time and penalties for each offense.
Kansas SR22 Insurance - Learn everything you need to know about Kansas SR22 filing requirements with the DOT and find out how you can save hundreds of dollars each year on your Kansas SR22 insurance.
Kansas DUI Lawyers - Contact one of our Kansas DUI lawyers today.
Kansas Alcohol Evaluation Programs - We offer a complete listing of Kansas approved alcohol evaluation program locations.