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Kansas DUI Information

In Kansas, an individual is considered to be DUI if their blood alcohol level is .08% or higher.  For a first offense, the accused will spend a minimum of 48 hours in jail with a maximum of six months or, at the courts discretion, up to 100 hours of community service.  In addition to potential incarceration, offenders will face a fine ranging from $500.00 to $1,000.00.

In some instances, an offender may be eligible for probation after having served a minimum of 48 hours in jail, agree to not break the law or drink and after having agreed to attend alcohol classes.  If an individual has not been convicted of a DUI or been granted a diversion within the last five years, and no accident or personal injury was inflicted, he/she may be eligible for diversion.  This is a process whereby the offender and prosecutor reach an agreement that the offender will accept responsibility for the crime, agree not to violate any law for one year, avoid drinking alcohol for one year, not to be anywhere alcohol is served and to take random tests in order to confirm compliance.  In addition to an alcohol education class, the offender will be required to participate in a DUI victim’s panel and follow any recommendations as required by a counselor or other personnel.  If these acts are completed, the charges will be dismissed after a period of one year.

Youthful offenders, which are defined as anyone under the age of 21 with a blood alcohol content of .02% of higher, will face a license suspension ranging from 30 days to one year.  Youthful offenders will be subject to the same penalties as an adult if they refuse to submit to a blood alcohol content test. 

Upon conviction of a first DUI offense, driving privileges will be suspended for a period of 30 days.  During this time, in some instances, the offender may be permitted to drive to and from work and to school.  If, however, the subject refused to adhere to a blood alcohol content test, his/her driving privileges will automatically be suspended for one year. 

Upon an admission of guilt or a similar verdict by the court, the majority of insurance companies will either increase their rates dramatically or drop the offender’s coverage completely.  If this should happen, it will be difficult to find another insurance carrier that is willing to work with someone who has been labeled as a “high risk” motorist.  In the event that an insurance company is willing to offer a policy, the rates will likely be significantly higher than an individual with no previous offenses.





DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.