It is important to remain abreast of the current DUI laws in Kansas and the laws relating to impaired driving. The current status of the law is as follows.

Legal Blood Alcohol Concentration (BAC) in Kansas

Drivers in Kansas are legally considered “under the influence” if the alcohol concentration in their blood or breath is 0.08% or greater. With an alcohol concentration at or above this level, the law presumes that you are too impaired to drive safely. A court can find you guilty of DUI at this alcohol level, even if you showed no signs of impairment.

Just because your alcohol concentration is below this limit does not mean you are safe from prosecution. You can be charged with and convicted of DUI with any amount of alcohol in your system if the prosecution also proves that the alcohol made you too impaired to drive safely.

Implied Consent Laws in Kansas

The law in Kansas says that if you are driving on a Kansas road and a police officer has reasonable grounds to believe you are under the influence, that officer can ask you to submit a breath, blood or urine sample for testing. By choosing to use Kansas’ roadways, you have implicitly consented to this testing. This is known as the implied consent law.

If you refuse to provide a sample, the State may suspend your driving privileges for one year, be required to have an ignition interlock device for two years and face a reinstatement fee.

DUI Penalties in Kansas

Kansas DUI penalties include jail or prison time, fines and other collateral consequences. These penalties are summarized in the following table:

Whether a DUI is a first, second, third or fourth offense depends on the number of prior DUI convictions and diversions. All Kansas diversions and all convictions for DUI or similar offenses from any jurisdiction are counted so long as they occurred on or after July 1, 2001.

A court will look at the date the prior offenses occurred to determine whether a third offense is a misdemeanor or felony. If at least one of the prior offenses occurred within 10 years of the current third offense, then the present offense is a felony.

In addition to fines and incarceration in county jail or the Kansas Department of Corrections, DUI consequences include suspension of driving privileges and requiring you to drive a vehicle equipped with an ignition interlock.

What To Expect After a DUI Arrest in Kansas

After a police officer arrests you for DUI, they will take you to the local county jail for further testing and processing. The officer can ask you to give a breath, blood or urine sample so law enforcement can test for the presence of alcohol. If you refuse, the officer may get a warrant and have a blood sample involuntarily drawn from you.

Jail staff will then book you into jail, after which you can post bond and be released. When you do, jail staff may give you a court date to appear. Alternatively, you might receive paperwork later telling you when your case is scheduled for court.

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Last Update: July 1, 2024

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