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Kansas DUI/DWI Laws

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Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – None
  • Ignition Interlock – Mandatory for all convictions (up to judges discretion for first non-aggravated conviction only)
  • Vehicle and License Plate Sanctions – Vehicle Impoundment

General State Information

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Kansas are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

  • In Kansas the lookback period is 10 years
  • Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

Zero Tolerance

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

  • 30 day license suspension (if BAC is over .08%, license will be restricted for 330 days after suspension period)
  • $500 – $1000 fine (if BAC is over .08%)
  • Prison (48 hours minimum, 1 year maximum)

 

2nd Offense

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • $500 – $1000 fine

 

2nd Offense

  • $1000 – $1500 fine

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

  • In Kansas, a BAC of .15% and above will incur a charge of Aggravated DUI/DWI
  • The penalties stay the same except that there is a mandatory one year suspension of driving privileges
  • You must also install an Ignition Interlock Device for a minimum of 1 year after your driving privileges have been restored

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

SR-22 Insurance Requirements

  • SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
  • Most, but not all states have SR-22 statutes
  • In Kansas an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
  • You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
  • Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Kansas does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply