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Kansas DUI Laws & Penalties

Kansas DUI Laws

Kansas DUI is defined as having a blood alcohol level of .08% or higher. If you are a first time offender, you will be facing fees and possibly some jail time. You need to talk to a lawyer about your Kansas DUI in order to protect your right to drive and to get you the least amount of jail time possible. You'll be facing both a criminal and a civil case, and your right to drive is at risk. You only have ten (10) days after being arrested to request a hearing to save your drivers license so time is certainly of the essence.

Kansas Drivers License Revocation

One thing you face when facing a Kansas DUI case is having your driver’s license revoked. This can be done in both your criminal and your civil case. If you fail a breath test, you will face your license being revoked for a month to a year. When you face your civil case, or “administrative hearing,” you can challenge this suspension. Also, your driver’s license cannot be suspended until you have been given this hearing, provided you request the hearing in the ten day time period. 

If you are convicted of a Kansas DUI, you will lose your license for 30 days. After that you can only drive to work and school for 330 days. To get your license back you must pay $100, and the suspension will show on your permanent driving record. 

Jail Time and Fines For Kansas DUI

With a Kansas DUI case you are also facing jail time and fines. For first offenders, the jail time is at least 48 hours. You could be given up to 6 months incarceration time. This can be reduced or eliminated if you serve 100 hours of community service time, which is unpaid. 

You can expect to pay between $500 and $1000 in fees. You will also be charged for the education and evaluation requirements you face. Finally, you will pay between $10 and $100 in court costs.

Here is a summary of the penalties you face for a Kansas DUI : 

Kansas First Offense DUI Penalties

  • 48 hours to 6 months in jail or 100 hours of community service

  • Fines between $500 and $1,000

  • Loss of drivers license for 30 days

  • Alcohol evaluation and treatment programs

Kansas Second Offense DUI Penalties

  • Jail time of 90 days to 1 year (5 day mandatory minimum and house arrest possible after 48 hours)

  • Fines between $1,000 and $1,500

  • Loss of Drivers license for 1 year

  • Ignition interlock system required after the 1 year license suspension

  • Mandatory Alcohol Evaluation and Treatment program

Kansas Third Offense DUI Penalties

  • 90 days to 1 year in jail

  • Fines between $1,500 and $2,500

  • Loss of Drivers license  for 1 year

  • Mandatory Alcohol Evaluation and Treatment

  • Ignition interlock system required after the 1 year license suspension period

Kansas Fourth Offense DUI Penalties

  • 90 days to 1 year in jail

  • $2,500 fine

  • 1 year post release supervision

  • Loss of Drivers license  for 1 year

  • Mandatory Alcohol Evaluation and Treatment

  • Ignition interlock system required after the 1 year license suspension period

Kansas Fifth or Subsequent Offense DUI Penalties

  • 90 days to 1 year in jail

  • $2,500 fine

  • 1 year post release supervision

  • Permanent license revocation

  • Mandatory Alcohol Evaluation and Treatment

Kansas BAC Assumptions

  • BAC levels below .08% are not considered under the influence, but are admissible in court.

  • BAC levels of .08% or greater are considered to be under the influence

Kansas Implied Consent Laws

  • Chemical testing is allowed. Blood, breath or urine testing as selected by the officer.

  • Officer is required to advise the defendant of penalties for test refusal through written and verbal communications.

  • Test results of .08% or greater carry a 30 day to 1 year license suspension.

  • Test refusal for a first offense results in a 1 year license suspension. Second offense refusal results in a 2 year suspension. Third offense results in a 3 year suspension. Fourth offense results in a 10 year suspension and a fifth or subsequent offense results in a permanent revocation.

  • PBT refusal is considered a traffic infraction and is admissible as evidence of arrest validity. Chemical test refusal is admissible in any case arising out of operating under the influence.

Chemical Testing

  • Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person.

  • Defendant has the right to an independent chemical test done by a qualified person of the defendants choosing. The costs of an indepedent test are the responsibility of the defendant.

  • Test results must be made available to defendant and the defendant's Kansas DUI attorneyupon request.

Other Kansas DUI Considerations

In Kansas, if convicted of a DUI you are required to attend the Alcohol and Drug Safety Action Education Program, or a similarly approved education and treatment program.  The cost is around $150-$300 for the program.

Kansas SR22 Insurance Considerations

No matter if you are a first time offender or a repeat offender, your Kansas DUI will carry serious consequences for your insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.

DUI Arrest Help.com 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 cheaper 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.

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Other Kansas DUI Resources

  • Kansas DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in Kansas.

  • Kansas SR22 Insurance -  Learn everything you need to know about Kansas SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your KS 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.