{"id":373504,"date":"2016-04-11T01:22:34","date_gmt":"2016-04-11T06:22:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/what-are-the-kansas-dui-laws.html"},"modified":"2024-02-03T03:52:10","modified_gmt":"2024-02-03T08:52:10","slug":"what-are-the-kansas-dui-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/what-are-the-kansas-dui-laws.html","title":{"rendered":"Kansas DUI Laws"},"content":{"rendered":"\n
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Kansas DUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

An arrest and conviction for driving under the influence (DUI) can be devastating in many ways. Kansas takes drugged and drunk driving very seriously, even employing a Traffic Safety Resource Prosecutor to oversee DUI and other traffic offenses.<\/p>\r\n

A first offense carries mandatory jail time, large fines, community service hours, and a significant driver’s license suspension. The state may impound your motor vehicle for up to a year.<\/p>\r\n

Driving under the influence is dangerous, accounting for 30% of traffic-related fatalities in 2020<\/a>. The national statistics have shown an increase in DUI offenses since 2019. States are strengthening their DUI laws to curb these numbers and protect the public.<\/p>\r\n

If you are facing a DUI charge in Kansas, learn more about the potential penalties you may receive.<\/p>\r\n\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/p>\r\n<\/th>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.02%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.15%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>

Select Penalties<\/p>\r\n<\/th>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/td>\r\n30 days \/ 1 year \/ 3 years<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nBoth<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes, for first offense<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: <\/b>State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it’s a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.<\/i><\/p>\r\n

Kansas DUI Law<\/h2>\r\n

Kansas’ intoxicated driving laws are broadly written, providing multiple ways you may receive a DUI criminal charge. Kansas prohibits driving or attempting to drive any motor vehicle while impaired by alcohol, drugs, or a combination of both.<\/p>\r\n

Kansas set a per se limit of 0.08% for drivers over 21. This limit is 0.04% if you drive a commercial vehicle. Under a per se law, law enforcement only needs to prove that your blood alcohol concentration (BAC) is at or above the legal limit while you were either driving or attempting to drive to charge you with a DUI.<\/p>\r\n

You will face a DUI charge if intoxicated by drugs, alcohol, or both to a degree that makes operating a vehicle unsafe. You don’t have to be at the 0.08% BAC. You also do not have to be in motion. If you can start the vehicle or the officer reasonably believes you have been driving, you can still face arrest.<\/p>\r\n

DUI Stop and Implied Consent Law<\/h3>\r\n

When a police officer has a reasonable suspicion that you are driving while intoxicated, they will ask you to perform standardized field sobriety tests and to submit to chemical tests. Field sobriety tests look for and gauge impairment. Chemical tests provide proof of your intoxication and to what degree.<\/p>\r\n

Kansas’ law changed in 2019. It is no longer a separate offense to refuse field sobriety tests. You may now decline them without facing a new charge.<\/p>\r\n

Chemical tests usually consist of a Breathalyzer or breath test, followed by more accurate blood tests or urine and saliva analyses. These test results are evidence against you.<\/p>\r\n

Kansas expects you to cooperate with chemical testing under its implied consent law. Implied consent means that, by holding a driver’s license, you have permitted an officer to administer chemical testing when suspected of a DUI. While you may refuse the tests, your driving privileges are immediately suspended for one year, followed by two years with an ignition interlock device.<\/p>\r\n

Chemical test refusal will not prevent your arrest. Also, law enforcement may present evidence of your refusal against you in court.<\/p>\r\n

DUI Penalties<\/h2>\r\n

Kansas increased the penalties for a DUI conviction<\/a> starting with offenses occurring after July 1, 2022. Sentencing now includes mandatory minimums for jail and specific requirements before allowing work release or house arrest.<\/p>\r\n

A first-conviction DUI is a Class B misdemeanor. Sentencing includes:<\/p>\r\n