Kansas DUI Laws & Penalties
Introduction Understanding DUI
(Driving Under the Influence) laws in Kansas is crucial for residents and visitors alike. The state enforces strict regulations to deter impaired driving and ensure public safety. Familiarity with Kansas’s legal BAC limits, penalties, and reinstatement procedures can help individuals avoid severe legal and financial repercussions.
2. Nomenclature & Definitions
- DUI (Driving Under the Influence): Kansas’s term for operating a vehicle while impaired by alcohol or drugs.
- BAC (Blood Alcohol Concentration): The percentage of alcohol in a person’s bloodstream.
- Implied Consent: Legal stipulation that drivers agree to chemical testing when suspected of DUI.
- Alcohol and Drug Safety Action Program (ADSAP): Kansas’s state-approved program for alcohol and drug education and treatment, mandatory for license reinstatement.
3. Legal BAC Limits
Standard Drivers (21 and Over): 0.08%
Commercial Drivers (CDL): 0.04%
Underage Drivers (Under 21): 0.02%
4. Penalties for DUI Offenses
1
First Offense:
Fines: Up to $1,000.
Jail Time: 48 hours to 6 months.
License Suspension: 30 days (1 year if BAC is 0.15% or higher).
ADSAP: Mandatory completion.
Ignition Interlock Device (IID): 180 days (1 year if BAC is 0.15% or higher).
3
Third and Subsequent Offenses:
Fines: Up to $2,500.
Jail Time: 90 days to 1 year.
License Suspension: 1 year.
ADSAP: Mandatory completion.
IID: 2 years (3 years if BAC is 0.15% or higher).
2
Second Offense (within 10 years):
Fines: Up to $1,750.
Jail Time: 5 days to 12 months.
License Suspension: 1 year.
ADSAP Mandatory completion.
IID: 1 year (2 years if BAC is 0.15% or higher).
Aggravating Factors:
BAC of 0.15% or higher.
Refusal to undergo chemical testing.
Causing injury or property damage.
Driving with a minor in the vehicle.
5. DUI Statistics (Kansas)
- DUI Arrests (2022): Approximately 15,000.
- Alcohol-Impaired Driving Fatalities (2021): 120.
- Repeat Offender Rate: Around 25%.
6. Implied Consent & Chemical Testing
Refusal Penalties:
- First Refusal: 1-year license suspension, followed by 2 years of IID.
- Second Refusal: 1-year license suspension, followed by 3 years of IID.
- Third Refusal: 1-year license suspension, followed by 4 years of IID.
Additional Consequences:
- Refusal can be used as evidence in court.
- Mandatory fines ranging from $400 to $1,000, depending on the offense number.
7. Ignition Interlock Device (IID) Requirements
- Mandatory Installation: Required for all offenders post-suspension.
- Duration: Ranges from 1 to 10 years, based on offense number and BAC level.
- Costs: Installation and maintenance expenses are the driver’s responsibility.
8. License Suspension & Reinstatement Process
Suspension Duration: Varies based on offense and BAC level.
Reinstatement Steps:
- Complete ADSAP.
- Obtain SR-22 insurance.
- Pay reinstatement fees ($200 to $1,000, depending on offense).
- Install an IID if required.
9. Key Takeaways
BAC limits:
0.08% (Standard)
0.04% (CDL)
0.02% (Under 21)
- Penalties: Increase with subsequent offenses and higher BAC levels.
- Chemical Test Refusal: Leads to automatic license suspension and extended IID requirements.
- Reinstatement: Requires completion of ADSAP, obtaining SR-22 insurance, paying fees, and IID installation.
10. Helpful Resources
First step to getting you back on the road
If you have a Kansas DMV or court order to install an interlock device, complete the Clear2Drive™ Kansas Interlock Application to start your installation process. Call or Text 858-295-0895 to begin.
The material provided on this website is for information only and is not intended to provide legal guidance. Please consult your attorney and/or state authorities for specific details and instructions as needed.
