In Kansas, it is unlawful for any person to operate or be in physical control of a motor vehicle while they are under the influence of alcohol or drugs with a blood alcohol level of .08% or greater.
Commercial motor vehicle drivers are considered to be under the influence in Kansas if they have a blood alcohol concentration of .04% or greater.
If you are found to be under the influence of alcohol with either a BAC level of .08% or greater or your ability to safely operate a motor vehicle has been found to be impaired by the officer who pulls you over, you will be immediately arrested and your driver’s licensee will be confiscated and you will be issued a DC-27 (notice of license suspension form).
If you are a first time offender over the age of 21 and you submitted to a chemical test, your license will be immediately suspended for 30 days. If you don’t submit to a chemical test as a first time offender, your license will be suspended for a full year.
Whether this is your first offense or a repeat offense, it is always important to request an administrative hearing and fight your license suspension because the state of Kansas does not offer a restricted license or hardship license to DUI offenders.
You only have ten days from the date of arrest to request an administrative hearing with the Kansas DMV if you wish to retain any driving privileges.
Restricted Kansas Requirements
In some cases, you may be able to obtain a restricted drivers license that allows you to drive for specific purposes such as going to and from work or school. In order to qualify for a restricted Kansas drivers license, there are certain requirements that must be met:
Kansas First Offense DUI Penalties
Most First Offense DUI’s in Kansas are considered misdemeanors and carry the following penalties:
- Up to six months in jail
- Fines up to $1,000
- A minimum one year suspension of your license
- Mandatory alcohol treatment program
- Possible installation of an ignition interlock device on your vehicle
In some cases, a person may be eligible to enter into a diversion program that can result in their DUI charge being dropped if they comply with all of the conditions. A person who successfully completes a diversion program will still have to serve their license suspension.
In addition, you may be ordered to participate in a victim impact panel or DUI school. The court also has the option of installing an alcohol monitoring system or restricting travel. It is important to seek legal advice if you have been charged with a DUI as there
Kansas Second Offense DUI Penalties
Most Second Offense DUI’s in Kansas are considered more seriously than first offenses and they carry more severe penalties. The minimum sentence for a Kansas Second Offense DUI is
- 90 days in jail
- fines up to $1,500
- a two year license suspension
- alcohol evaluation and treatment program
- installation of an ignition interlock device on your vehicle
Also, you may be required to complete an approved alcohol treatment program. Depending on the severity of your case, you may also be ordered to pay restitution to any victims affected by the DUI. In addition, a second offense can result in substantial
Kansas Third Offense DUI Penalties
Most Third Offense DUI’s in Kansas are considered and carry the following penalties:
- At least one year in jail
- fines up to $2,500
- a three year license suspension
- alcohol evaluation and treatment program
- installation of an ignition interlock device on your vehicle
- You may also be required to participate in a victim impact panel or DUI school.
In addition, you will be subject to increased surveillance of your alcohol use and may be required to pay restitution to any victims affected by the DUI. If you are convicted of a third offense, it is important to understand that you will face much more severe penalties than those associated with a first or second offense.
Kansas DUI Under 21 Years of Age
Kansas has a zero tolerance policy when it comes to underage drinking and driving. If you are under the age of 21 and you are caught driving with any measurable amount of alcohol in your system, your license will be suspended for one year.
In addition, if you are convicted of a DUI while under the age of 21, you may face additional penalties such as fines, community service hours, and possible jail time. To avoid facing the harsh penalties associated with an underage DUI, it is important to abide by the state’s zero tolerance policy.
It is also important to understand that as a minor, you have fewer procedural rights than an adult would.
Does Kansas Require DUI Classes?
Yes, if you are convicted of a DUI in Kansas, the court may require that you attend an approved alcohol education or treatment program. Depending on the severity of your case and whether this is your first, second, or third offense, the court can order that you attend classes for as little as eight hours or up to 48 hours.
Can Kansas DUI Classes be Online?
Yes, it is possible to take some DUI classes online in Kansas. Be sure to check with your court to see that they approve of any online program before you enroll. Furthermore, not all DUI classes are available online and depending on your case, you may be required to attend an in-person class.
Kansas SR22 Requirements
If you are convicted of a DUI in Kansas, you may be required to obtain an SR22 form and carry it for three years. An SR22 is proof of financial responsibility and it can be obtained from your insurance company. Once the SR22 has been filed with the state, you will be able to reinstate your license after serving your suspension period.
Failure to obtain an SR22 and keep it in effect for the required three years may result in license suspension or revocation, as well as fines and/or jail time. It is important to understand the requirements of an SR22 and make sure you comply with them if required.
Kansas Ignition Interlock Device Requirements
In addition to the other penalties, most DUI convictions in Kansas require a convicted offender to install an Ignition Interlock Device (IID). An IID is a device that is connected to your vehicle’s ignition and requires you to blow into it in order to start the car.
If alcohol is detected, the device will prevent your car from starting. You may be required to keep an IID installed in your vehicle for up to one year. Failure to comply with this requirement may result in additional penalties, including fines or jail time.
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