Kansas DUI Laws, Penalties, and License SuspensionKansas drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
Kansas Laws
The following driving actions are illegal in the State of Kansas:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
Kansas Penalties
First Drunk Driving Conviction
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.
Second Drunk Driving Conviction
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.
Third Drunk Driving Conviction
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.
Fourth Drunk Driving Conviction
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.
Fifth Drunk Driving Conviction
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.
Kansas Drivers License Issues
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.
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