Kansas DUI information

State of Kansas Drunk Driving Fines and Penalties

First drunk driving conviction

  • Jail – 48 Hour Mandatory Minimum, or Community Service – 100 Hours
  • Fine – From $500 to $1,000
  • License Suspension – 30 Days
  • License Restriction – 330 Days Following Suspension
  • Vehicle Impound – Up to 1 Year Possible
  • Court Ordered Treatment Program Possible
  • Always Get Legal Advice from a DWI/DUI Lawyer

Second drunk driving conviction

  • Jail – From 90 Days to 1 Year
  • Fine – From $1,000 to $1,500
  • License Suspension – 1 Year
  • Ignition Interlock Device – Required 1 Year after Suspension
  • Vehicle Impound – Up to 1 Year Possible
  • Complete Court Ordered Treatment Program

Third drunk driving conviction

  • 3rd Drunk Driving Conviction
  • Felony Offense
  • Jail – From 90 Days to 1 Year
  • 72 Consecutive Hours Must be Served Prior to Work Release
  • Fine – From $1,500 to $2,500
  • License Suspension – 1 Year
  • Ignition Interlock Device – Required 1 Year after Suspension
  • Vehicle Impound – Up to 1 Year Possible
  • Complete Court Ordered Treatment Program

Fourth and subsequent drunk driving convictions

  • Felony Offense
  • Jail – From 180 Days Minimum to 1 Year
  • 144 Consecutive Hours Must Be Served Prior to Work Release
  • Kansas Department of Corrections Post-Release Supervision for 1 Year
  • Fine – $2,500 Minimum
  • License Suspension – 1 Year
  • Ignition Interlock Device – Required 1 Year after Suspension
  • Vehicle Impound – Up to 1 Year Possible
  • Complete Court Ordered Treatment Program

New Kansas DUI Laws

  • Effective July, 2010, Kansas modified its laws to prohibit offenders from applying for a work release program until they have served at a minimum 72 consecutive hours of mandatory jail time. Also, the minimum fine has increased to $2,500 from the original $1,500 for repeat offenders. The changes also include revocation of the driving license upon a third conviction instead of the original fourth conviction.
  • Two new DUI bills were signed into laws in 2010. The two bills are Kansas Senate Bill 368 and Kansas Senate Bill 586 . These bills are reflected on our new dui laws page and in the penalties section above. Specifically, for a third DUI conviction, offenders must serve a term of 72 consecutive hours in jail before the offender is eligible to participate in a work release program.
  • For a fourth or subsequent DUI conviction would bring an increase in jail time from 90 days to one year, to 180 days to one year. The term of incarceration that must be served prior to work release would increase from 72 to 144 consecutive hours.

Drinking and Driving Laws in Kansas

The drunk driving laws in Kansas prohibits driving with a blood alcohol concentration (BAC) of .08 percentage or above. The limits are lower for drivers of commercial vehicles and minors. The .08 limit is the standard measurement used across the United States for the “impaired” driver. The Kansas law extends to alcohol, drugs or both. If you are driving with a child under the age of 14 in your vehicle when you commit a DUI, your punishment will be extended by one additional month of imprisonment.

How many drinks does it take to reach the legal limit in Kansas?

There are many formulas, charts and calculators to determine your BAC, however these devices should be used with caution as each individual has physical attributes that impact their BAC score. Depending on your sex, weight and body-fat percentage, your BAC may be higher than any of these reference tools predict. It is safe to say that each drink you take brings you closer to impairment and a DUI arrest.

The best answer is not to drink and drive . The State of Kansas has strict laws for drunk driving, and when you drink and drive in Kansas, you risk your freedom, finances and your future.

For the first DUI conviction you receive in Kansas you will receive a mandatory 48 hours in jail and 100 hours of community service. You will also be ordered to participate in a drug safety action education program or a drug treatment program at your own expense. You will also be fined from $500-$1,000 in addition to paying your court costs, evaluation fees and probation. Your drivers license will be suspended initially for 30 days and then restricted for 330 days. It is also possible that your vehicle will be impounded for up to one year.

A second drunk driving conviction in the State of Kansas will cost you from 90 days to 1 year in jail. You will also be fined from $1,000 to $1,500 plus court costs, probation and court evaluation fees. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.

Your 3rd drunk driving offense in Kansas is a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined from $1,500 to $2,500 plus court costs, evaluation fees and probation costs. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.

Your 4th drunk driving offense in Kansas is also a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined $2,500 plus court costs, evaluation fees and probation costs. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.

Once you are released from jail / prison, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a 1 year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program at your own expense.

Your 5th drunk driving offense in Kansas is also a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined $2,500 plus court costs, evaluation fees and probation costs. Your Drivers license will revoked for life. Once you are released from jail / prison, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a 1 year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program at your own expense.

The Implied Consent Law in Kansas

The implied consent law in the State of Kansas requires a driver to submit to a chemical test of their Blood, Breath or Urine (K.S.A. 8-1001). Refusing such a test is not a constitutional right and there is no constitutional right to consult and attorney regarding whether to submit to this testing. If you refuse to submit to this test you will receive a 1 year suspension of your drivers license. Like many states, refusing to take a Alcohol or drug test in Kansas is just as bad, or worse than being convicted of a DUI.