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Kansas DUI Laws

Kansas DUI laws. Drunk driving in the state of Kansas.

Kansas DUI Laws


Kansas has some of the country’s toughest DUI laws such as mandatory jail time and suspension of your license on the first offense with no exceptions. When you obtain a Kansas driver’s license, you are agreeing to submit yourself to a breath, blood, or urine test to determine if you are driving under the influence (DUI). Refusal to be tested is not a constitutional right in the state of Kansas and will result in the loss of your driver’s license for one year. Your license will be revoked at the scene of the arrest for one month. During that time period you will be required to appear in court and you will not be able to obtain a limited license. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. There is a zero tolerance policy in place for under age drinkers with the drinking age set at 21.

It is considered a crime in Kansas to operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. Sentences are more severe for persons found to have a BAC of 0.15% or more. The “Per Se” BAC does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15 or above and will include more jail time, harsher fines, and driver’s license sanctions.

Kansas law states that drivers under 21 may not have a BAC of 0.02% or more. DUI’s will be issued to 18 year olds or younger individuals with a measurable BAC of .02%, persons over 21 with a BAC of 0.08% and commercial drivers with a BAC of 0.04% or more. But keep in mind that Kansas has a zero tolerance policy in place and underage drinkers caught with a BAC more than 0.0% will be arrested. This amounts to taking a legal dose of cough syrup.

Penalties for DUI Arrests


The first conviction will result in 48 hours of mandatory jail time or 100 hours of community service and $500.00 to $1,000.00 in fines. Your license will also be suspended for 30 days as well as 330 days of a restricted license. You may be required to complete a Substance Abuse Treatment Program. Your vehicle may also be impounded for one year.

The second conviction will result in 90 days to one year of mandatory jail time and $1,000.00 to $1,500.00 in fines. Your license will also be suspended for 1 year and you will be required to install the Interlock Ignition Device (IID) on your vehicle after you have served the one year suspension. You will be required to complete a Substance Abuse Treatment Program. Your vehicle may also be impounded for one year.

The third conviction is considered a felony and will result in 90 days to one year of mandatory jail time and $1,500.00 to $2,500.00 in fines. Your license will also be suspended for 1 year and you will be required to install the Interlock Ignition Device (IID) on your vehicle after you have served the one year suspension. You will be required to complete a Substance Abuse Treatment Program. Your vehicle may also be impounded for one year.

The fourth conviction is considered a felony and will result in 90 days to one year of mandatory jail time and $2,500.00 or more in fines. You will be under the observation of the Kansas Department of Corrections Post-Release Supervision for 1 year after your release from jail. Your license will also be suspended for 1 year and you will be required to install the Interlock Ignition Device (IID) on your vehicle after you have served the one year suspension. You will be required to complete a Substance Abuse Treatment Program. Your vehicle may also be impounded for one year. On the fifth conviction your license will be permanently revoked