Kansas DUI laws

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In the United States, local law enforcement agencies made 1,467,300 arrests nationwide for driving under the influence of alcohol in 1996, compared to 1.9 million such arrests during the peak year in 1983. In 1997 an estimated 513,200 DWI offenders were inprison or jail, down from 593,000 in 1990 and up from 270,100 in 1986.

How much do you have to drink (BAC*) for a DUI in Kansas?

Under 21 .02%
21 or older .08%
Commercial .04%

** BAC = blood alcohol content

What if you refuse to take a chemical test in Kansas?

Kansas has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.

  1st Offense 2d Offense 3rd Offense
Refusal to take test 1 year license suspension 2 year license suspension 3 year license suspension

What is the minimum jail time?

  1st Offense 2d Offense 3rd Offense
Minimum Jail 2 days jail or 100 hours community service 5 days jail 90 days jail

Lookback Period: There is no look back period in Kansas. All former DUIs on a driving record count toward the sentencing. (The look back period of time that prior DUIs are relevant for sentencingAlso known as a “washout” period.)

Can you plead to a lesser offense than DUI in Kansas?

No, a plea bargain for a conviction of “wet reckless” (reckless driving involving alcohol) is barred by statute in Kansas.

First Kansas DUI

1st 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

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