Kansas DUI / DWI Laws

Learn about the penalties for a DUI conviction in Kansas

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 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.

Kansas DUI Laws First offense

  • First offense convictions of DUI in Kansas require a minimum incarceration period of two (2) days, which may be served out as one hundred (100) hours of community service in limited instances
  • Any offense will carry mandatory alcohol/substance abuse assessment, which dictates course of further treatment requirements
  • Fines range from minimum of $500 to maximum of $1000, but fine amounts do not cover costs associated with completion of other terms of sentence, nor does it cover costs of license reinstatement
  • Convictions of first offense DUI in Kansas influence charging and sentencing in future DUI offenses for ten years (the lookback period)

Kansas DUI Laws Second offense

Jail time. Under Kansas law, the penalty for a second offense DUI is 90 days to 1 year in jail. After you have completed 2 days of your sentence, the judge can order that you complete the remainder of it under house arrest or in a work release program.

Substance abuse program. You will also have to take part in and successfully complete a substance abuse treatment program.

Fines. The fines for a second offense DUI in the state range between $1,000 and $1,500.

Kansas DUI Laws Third offense

To count as a third offense DUI in Kansas, the arrest must occur within 10 years of your first DUI. (Previously Kansas had no lookback period -- but that was recently revised to 10 years). An offense occurs when the driver is tested as having a blood alcohol concentration (BAC) equal to or greater than .08%. A third offense is categorized as a "nonperson felony".

Judicial and Administrative Penalties

Judicial penalties consider jail time while administrative penalties focus on issues surrounding your license suspension. A third offense DUI in Kansas results in the following penalties:

  • Fines ranging from $1,500 to $2,500
  • Jail time lasting from the mandatory 90 days to 1 year
  • Loss of drivers license for 1 year
  • The use of an ignition interlock system following the year of suspension
  • Mandatory Drug and Alcohol Evaluation and Treatment – In Kansas one possibility is the Alcohol and Drug Safety Action Education Program. You will have to pay for this out of pocket expense
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