Kansas DUI Laws: Guide to Drunk Driving Charges and Penalties
In Kansas, a DUI is a serious offense, and lawmakers continue to toughen penalties and clarify procedures. In 2025, jail and probation eligibility changed, and Kansas now enforces stricter license suspension rules: for certain violations, you can face indefinite suspensions unless you comply with state requirements. The state strictly enforces ignition interlock device requirements for most DUI convictions. This guide provides essential information about Kansas DUI laws, consequences, and recovery steps.
Getting Started
If police arrest you for DUI in Kansas, you need to deal with two different legal tracks: the criminal case in court and the administrative case that affects your driver’s license. Each process can lead to separate penalties, and losing either can mean fines, jail time, or losing your ability to drive, even if you win the other side of your case
Here’s what makes Kansas DUI laws and penalties special, and how those differences could impact you.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUII attorney for personalized guidance.
Definitions to Know
DUI
Driving Under the Influence of alcohol or drugs, the legal term used in Kansas for impaired driving offenses.
SR-22
A certificate of financial responsibility that provides proof of auto insurance coverage typically required after a DUI conviction.
IID (Ignition Interlock Device)
A breathalyzer installed in a vehicle to prevent it from starting if alcohol is detected on your breath.
Kansas Department of Revenue (KDOR)
The state agency that handles administrative license actions after DUI arrests.
Kansas Department of Revenue
The Kansas Department of Revenue’s Division of Vehicles (KDOR) handles administrative license suspensions and revocations related to DUI offenses. KDOR processes administrative hearings when drivers contest license suspensions, oversees the ignition interlock program, and monitors SR-22 insurance compliance. It works separately from the court system that handles criminal DUI charges, allowing for two distinct processes that can affect your driving privileges.
Steps to Take After DUI Arrest in Kansas
- Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes, potentially reducing penalties.
- Request an Administrative Hearing
You have only 14 days from arrest to request a hearing with the Kansas Department of Revenue to contest your license suspension.
- License suspension
Your driver’s license will likely be suspended based on your Blood Alcohol Concentration (BAC) level and prior offenses.
- Apply for a Restricted License
If eligible, you may apply for limited driving privileges by installing an Ignition Interlock Device (IID).
- Install an IID
Required for certain offenses and mandatory after high-BAC convictions or repeat offenses.
Explore IIDs - File an SR-22 Form
Proof of insurance-related financial responsibility may be required for license reinstatement in Kansas.
- Complete Substance Abuse Evaluation
You must undergo an evaluation and follow any recommended treatment programs.
- Pay Fines and Fees
You’ll need to pay court fines plus other fees, such as license reinstatement charges.
- Attend Court Proceedings
Your criminal case will proceed through court independently from administrative actions.
- Complete DUI Education Program
Kansas requires alcohol education courses for DUI offenses.
DUI Laws in Kansas
Kansas enforces strict laws regarding driving under the influence of alcohol or drugs. These laws define legal limits, penalties, and requirements for those convicted of DUI offenses.
What Are the Legal Driving Alcohol Limits in Kansas??
In Kansas, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear BAC limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).
| Driver Category | Illegal BAC Limit |
| Age 21 and older | 0.08% |
| Commercial Drivers (CDL) | 0.04% |
| Under 21 | 0.02% |
Felony vs Misdemeanor DUI Charges
In Kansas, DUI offenses can be charged as either misdemeanors or felonies depending on several factors. A first DUI conviction is classified as a Class B nonperson misdemeanor. Second DUI convictions are generally Class A nonperson misdemeanors. A third DUI becomes a felony offense, as do all subsequent convictions.
| Conviction Number | Charge Level |
| First | Class B nonperson misdemeanor |
| Second | 1Class A nonperson misdemeanor |
| Third or subsequent | Felony |
Felony DUI convictions carry much harsher penalties, including longer jail sentences, higher fines, and extended license suspensions. Additionally, a DUI that causes serious injury or death to another person can be charged as a felony regardless of prior offenses.
Does Kansas Have Drunk Driving Diversion Programs?
Kansas offers diversion programs for first-time DUI offenses at the discretion of the prosecuting attorney. Diversion allows eligible drivers convicted of DUI to avoid conviction by completing certain requirements including substance abuse treatment, community service, and paying fines.
However, if you have a prior DUI conviction, you’re typically not eligible for diversion. Additionally, if you complete a diversion program, it will still count as a prior conviction if you receive another DUI in the future.
Refusing a Chemical Test Under Kansas DUI Law
Kansas applies an implied consent law. When you drive on Kansas roads, you automatically consent to chemical testing if an officer suspects you of drunk driving. Refusing a chemical test in Kansas results in automatic administrative penalties that are separate from any criminal charges.
| Offense | Refusing a Test Penalty |
| First Refusal | 1-year license suspension plus 1-year IID requirement after suspension |
| Second Refusal | 1-year license suspension plus 2-year IID requirement after suspension |
| Third Refusal | 1-year license suspension plus 3-year IID requirement after suspension |
| Fourth or Subsequent Refusal | 1-year license suspension plus 4-year IID requirement after suspension |
DUI Penalties & Consequences
Kansas imposes significant penalties for DUI convictions, including mandatory jail time, fines, and license restrictions that increase with each subsequent offense.
Penalties for DUI Offenses in Kansas
First Offense
Jail Time: 48 hours to 6 months
Fines: $750-$1,000
License Suspension: 30 days, then 180 days with IID
Second Offense
Jail Time: 90 days to 1 year
Fines: $1,250-$1,750
License Suspension: 1 year, then 1 year with IID
Third Offense
Jail Time: 90 days to 1 year
Fines: $1,750-$2,500
License Suspension: 1 year, then 2 years with IID
Fourth Offense
Jail Time: 90 days to 1 year
Fines: $2,500
License Suspension: 1 year, then 3 years with IID
Aggravating Factors That Increase Kansas DUI Penalties
In Kansas, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:
- High BAC Levels: BAC of 0.15% or higher results in longer minimum jail sentences and longer IID requirements.
- DUI with a Child Passenger: Having a passenger under 14 years old increases penalties and can add child endangerment charges.
- Causing Injury or Death: DUI resulting in bodily harm or death to others can result in vehicular battery or manslaughter charges.
- Multiple Prior Convictions: Three or more prior drunk driving convictions within 10 years significantly enhances penalties.
- DUI While Driving on a Suspended License: Increases potential jail time and extends suspension periods.
Driving Without a Valid License
Driving with a suspended license in Kansas is a serious offense that can result in additional charges, fines, and extended suspension periods. If caught driving on a suspended license due to a DUI, you could face:
- Additional criminal charges, including potential jail time
- Extended license suspension periods
- Vehicle impoundment
- Significantly higher insurance rates
- Inability to qualify for restricted driving privileges
- Probation violations if you’re currently on probation for your DUI offense
These consequences can substantially complicate your DUI case and make it much harder to regain your driving privileges in the future.
License Suspension
A DUI arrest in Kansas triggers two separate license suspension processes: administrative and criminal. Understanding both is essential to navigating your case.
Who Determines if You Can Continue Driving After a DUI
In Kansas, both the Kansas Department of Revenue (KDOR) and the courts have roles in determining driving privileges after a DUI. The KDOR handles administrative license suspensions, which are triggered automatically when you fail or refuse a chemical test. The courts impose separate license suspensions as part of criminal DUI convictions. These two processes operate independently, so even if you succeed in your criminal case, you may still face administrative license suspension.
How Long Will Your License Be Suspended?
Getting your license suspended in Kansas means you are no longer allowed to drive a vehicle, unless you obtain a temporary or restricted license during your suspension. Here’s how long your regular license may be suspended for a DUI in Kansas:
| Offense | Failed Test (BAC ≥ 0.08%) |
| First Offense | 30-day suspension followed by 180 days with IID |
| Second Offense | 1-year suspension followed by 1 year with IID |
| Third Offense | 21-year suspension followed by 2 years with IID |
| Fourth Offense | 1-year suspension followed by 3 years with IID |
Steps to Reinstate Your License
To reinstate your driver’s license after a DUI-related suspension in Kansas, you must follow these steps:
- Serve your complete suspension period.
- Pay a $100 reinstatement fee to the Kansas Department of Revenue.
- Provide proof of insurance via an SR-22 form, which (if required) must be maintained for the entire required period.
- Complete any required alcohol and drug safety action program.
- Install an ignition interlock device if mandated and keep it installed for the required period.
- Pay any additional court fees and fines.
Restoring Your Driving Privileges
After a DUI in Kansas, there are specific steps to regain driving privileges, including restricted licenses that allow limited driving during suspension periods.
Eligibility for an Employment/Program-Restricted Driver’s License
In Kansas, you may be eligible for a restricted license during your suspension period if it’s necessary for employment, education, medical treatment, or substance abuse programs. Eligibility criteria include:
- You cannot be eligible if you refused a chemical test on a second or subsequent occurrence.
- You must have an ignition interlock device installed on any vehicle you operate.
- You must provide proof of enrollment in necessary programs or employment.
- You must demonstrate that the restricted license is necessary for your livelihood or essential needs.
How to Apply for Temporary Restricted Driver’s License
- Install an IID on your vehicles (must be from an approved provider like Intoxalock).
- Submit an SR-22 as proof of insurance coverage if required.
- Complete and submit the Ignition Interlock Device Installation/Removal Verification form.
- Provide documentation of need (e.g., employment verification or medical necessity).
- Pay the $100 application fee plus regular license fees.
- Wait for approval before driving, as driving while suspended without an approved restriction is illegal.
Kansas Ignition Interlock Device (IID) Requirements
Kansas requires ignition interlock devices for most DUI offenses. The IID prevents a vehicle from starting if it detects alcohol on the driver’s breath. Key requirements include:
- The device must be installed by a state-approved provider.
- You must pay all installation and monthly monitoring fees.
- The interlock must be calibrated regularly as required by state law.
- Any attempts to tamper with or circumvent the device will result in additional penalties.
- The required period for maintaining an ignition interlock increases with each subsequent DUI offense.
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
After a DUI in Kansas, you may be required to maintain SR-22 insurance, which is a certificate of financial responsibility filed by your insurance company with the state. Key points include:
- SR-22 must be maintained for the entire restriction period (generally matching your IID requirement period).
- Lapses in SR-22 coverage will result in license re-suspension.
- Expect significant insurance premium increases after a DUI conviction.
- You must maintain continuous coverage for the entire required period to successfully complete this requirement.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Kansas requires all drivers convicted of DUI to complete a substance abuse evaluation through a state-approved provider. This evaluation determines if treatment is necessary and what level of treatment is appropriate. The process includes:
- Initial assessment to determine the extent of alcohol or drug problems.
- Personalized treatment recommendations based on the assessment.
- Completion of all recommended treatment programs.
- Verification of completion submitted to the court and/or Division of Vehicles.
- All evaluations must be completed through Kansas Department for Aging and Disability Services (KDADS) approved providers.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Kansas
Can you drive to work during your suspension period?
You may qualify for a restricted license that allows driving to work if you install an ignition interlock device and meet other requirements.
Do you need a lawyer for a first-time DUI in Kansas?
While not legally required, an attorney can significantly improve your chances of reduced penalties or qualifying for diversion programs.
Will you lose your commercial driver’s license (CDL) after a DUI?
Yes, CDL holders face a one-year disqualification for a first DUI, and a lifetime disqualification for a second offense.
Can you refuse a breathalyzer test in Kansas?
You can refuse, but Kansas implied consent laws mean automatic license suspension for one year plus extended IID requirements.
Sources
- Kansas Legislature. (2012). Kansas Statutes 8-1567. Retrieved from https://kslegislature.gov/li_2012/b2011_12/statute/008_000_0000_chapter/008_015_0000_article/008_015_0067_section/008_015_0067_k/
- Kansas Highway Patrol. (n.d.). Alcohol Violations (DUI). Retrieved from https://kansashighwaypatrol.gov/about-us/facts-faqs/traffic-violations/alcohol-violations-dui/
- FindLaw. (2023). What Are the Kansas DUI Laws? Retrieved from https://www.findlaw.com/state/kansas-law/what-are-the-kansas-dui-laws.html
- National College for DUI Defense. (n.d.). Kansas DUI Laws. Retrieved from https://www.ncdd.com/kansas-dui-laws
- Kansas Department of Transportation. (n.d.). Kansas DUI Laws. Retrieved from https://www.ksdot.gov/burtrafficsaf/brochures/pdf/ksduilaws.pdf
- Kansas Department of Revenue. (n.d.). Administrative Hearings. Retrieved from https://www.ksrevenue.gov/dovadminhearings.html
- Kansas Highway Patrol. (n.d.). Ignition Interlock Program. Retrieved from https://kansashighwaypatrol.gov/find-a-troop/troop-location-map/special-operations/troop-j-training-academy/ignition-interlock-program/
- Kansas Department for Aging and Disability Services. (n.d.). Services and Programs. Retrieved from https://www.kdads.ks.gov/services-programs/behavioral-health/services-and-programs
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