Kansas · DUI
Kansas DUI laws and penalties
Kansas's legal BAC limit is 0.08%. For a first offense, Kansas's statute provides jail of 48 hours to 6 months and a fine of $750 to $1,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Kansas DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- Lifetime
- Prior DUI offenses that count
License hearing: ask within 14 days
Within 14 days of the notice (postmark or fax), with a $50 hearing fee in the same period; otherwise the suspension takes effect. Count the days with the license-hearing window calculator.Higher BAC level. At 0.15 or higher a first offense brings a one-year license suspension followed by a one-year interlock restriction (30 days and 180 days at lower levels).
Ignition interlock. After the 30-day suspension, driving is restricted for 180 days to a vehicle with an interlock, at the driver's expense.
Lookback. No time limit: priors count from July 1, 2001 forward.
01Penalties
Kansas DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 48 hours | 90 days |
| Jail (maximum) | 6 months | 1 year |
| Fine (minimum) | $750 | $1,250 |
| Fine (maximum) | $1,000 | $1,750 |
| License suspension | 30 days suspension, then 180 days restricted to an ignition interlock vehicle | 1 year suspension, then 1 year restricted to an ignition interlock vehicle |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Kansas compares
Of the 49 states with a confirmed BAC limit, 48 (Kansas among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Kansas requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Kansas gives 14.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Colorado | 0.08% | 7 days | In some cases | 5 days to 1 year | $600 to $1,000 | 9 months |
| Kansas (this page) | 0.08% | 14 days | Required | 48 hours to 6 months | $750 to $1,000 | 30 days suspension, then 180 days restricted to an ignition interlock vehicle |
| Missouri | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| Nebraska | 0.08% | 10 days | Required | 7 days to 60 days | $500 | 6 months |
| Oklahoma | 0.08% | 30 days | Required | 10 days to 1 year | Up to $1,000 | At least 180 days, and until the Impaired Driver Accountability Program is completed |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Kansas
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 14 days of the notice (postmark or fax), with a $50 hearing fee in the same period; otherwise the suspension takes effect.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Kansas's statute provides jail of 48 hours to 6 months and a fine of $750 to $1,000. See the penalties table above.
04Sources
Where Kansas's figures come from
- K.S.A. 8-1567(a) (ksrevisor.gov)Main statute · BAC limit, age 21 and over · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- K.S.A. 8-1014(b)(2) (ksrevisor.gov)Higher BAC level · First offense: license · Second offense: license
- K.S.A. 8-1567a(a) (ksrevisor.gov)BAC limit under 21
- K.S.A. 8-1020(a) (ksrevisor.gov)License hearing request
- K.S.A. 8-1015(b)(1); K.S.A. 8-1014(b)(1)(A) (ksrevisor.gov)Ignition interlock, first offense · First offense: license
Show the exact words behind each figureHide the exact words
- Main statute
K.S.A. 8-1567
K.S.A. 8-1567(a)
Driving under the influence; penalties; disposition of moneys from fines and penalties. (a) Driving under the influence is operating or attempting to operate any vehicle within this state while:
- BAC limit, age 21 and over
0.08%
K.S.A. 8-1567(a)(2)
the alcohol concentration in the person's blood or breath, as measured within three hours of the time of operating or attempting to operate a vehicle, is 0.08 or more;
- Higher BAC level
0.15%
K.S.A. 8-1014(b)(2)
if a person fails a test or has an alcohol or drug-related conviction in this state and the person's blood or breath alcohol concentration is 0.15 or greater, the division shall:
- BAC limit under 21
0.02%
K.S.A. 8-1567a(a)
It shall be unlawful for any person less than 21 years of age to operate or attempt to operate a vehicle in this state with a breath or blood alcohol content of .02 or greater.
- Lookback period
Lifetime
K.S.A. 8-1567(i)(1)
only convictions or diversions occurring on or after July 1, 2001. Nothing in this provision shall be construed as preventing any court from considering any convictions or diversions occurring during the person's lifetime
- License hearing request
14 days
K.S.A. 8-1020(a)
may request an administrative hearing. Such request may be made either by: (1) Mailing a written request which is postmarked 14 days after service of notice; or (2) transmitting a written request by electronic facsimile which is received by the division within 14 days after service of notice.
- Ignition interlock, first offense
Required after a first conviction
K.S.A. 8-1015(b)(1); K.S.A. 8-1014(b)(1)(A)
the division shall restrict the person's driving privileges for 180 days to driving only a motor vehicle equipped with an ignition interlock device.
- First offense: jail, minimum
48 hours
K.S.A. 8-1567(b)(1)(A)
On a first conviction, a class B, nonperson misdemeanor. The person convicted shall be sentenced to not less than 48 consecutive hours nor more than six months' imprisonment, or in the court's discretion 100 hours of public service, and fined not less than $750 nor more than $1,000;
- First offense: jail, maximum
6 months
K.S.A. 8-1567(b)(1)(A)
Same passage as above.
- First offense: fine, minimum
$750
K.S.A. 8-1567(b)(1)(A)
Same passage as above.
- First offense: fine, maximum
$1,000
K.S.A. 8-1567(b)(1)(A)
Same passage as above.
- First offense: license
30 days suspension, then 180 days restricted to an ignition interlock vehicle
K.S.A. 8-1014(b)(1)(A); K.S.A. 8-1015(b)(1)
(A) On the person's first occurrence, suspend the person's driving privileges for 30 days and at the end of the suspension, restrict the person's driving privileges as provided by
And K.S.A. 8-1015(b)(1) (the restriction lasts 180 days)
when a person has completed the suspension pursuant to K.S.A. 8-1014 (b)(1)(A), and amendments thereto, the division shall restrict the person's driving privileges for 180 days to driving only a motor vehicle equipped with an ignition interlock device.
- Second offense: jail, minimum
90 days
K.S.A. 8-1567(b)(1)(B)
on a second conviction, a class A, nonperson misdemeanor. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,250 nor more than $1,750.
- Second offense: jail, maximum
1 year
K.S.A. 8-1567(b)(1)(B)
Same passage as above.
- Second offense: fine, minimum
$1,250
K.S.A. 8-1567(b)(1)(B)
Same passage as above.
- Second offense: fine, maximum
$1,750
K.S.A. 8-1567(b)(1)(B)
Same passage as above.
- Second offense: license
1 year suspension, then 1 year restricted to an ignition interlock vehicle
K.S.A. 8-1014(b)(1)(B)
on the person's second occurrence, suspend the person's driving privileges for one year and at the end of the suspension, restrict the person's driving privileges for one year to driving only a motor vehicle equipped with an ignition interlock device;
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.