Kansas DUI Laws & Drunk Driving Consequences

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In Kansas you can be arrested for driving under the influence (DUI) based on either your blood alcohol content (BAC) or the evidence provided by your driving abilities. If you are driving in an unsafe manner, appear to be drunk, and fail a field sobriety test, you can be arrested for DUI. Also, the state's laws make it possible for you to be arrested for DUI based solely on your BAC levels. If you have a BAC of .08% or higher, you are guilty of a Kansas DUI offense.

DUI Arrests in Kansas

When you are arrested for a Kansas DUI offense, you will be asked to submit to a BAC test. You can refuse to take this test, but doing so will result in a lengthened license suspension time and a high reinstatement fee. You will also face two separate cases as a result of a Kansas DUI conviction. The first case is in the criminal courts, where your fines, class requirements, and jail time will be decided.

The second case is the administrative case. This case determines how long your license will be suspended. You will have to request the hearing with the Kansas Department of Revenue. To do this, you will need to send in a letter requesting the hearing within 10 days of your arrest. If you fail to do so, you will automatically lose your license. Having a lawyer working with you on your case will help you to ensure that you complete all of the necessary paperwork correctly and on time so that you can have the chance to argue for your driving rights.

Basic Consequences for First Time Offenders

If you are convicted of your first Kansas DUI offense, you can expect to face the following consequences:

• Class B misdemeanor charges
• Between 48 hours and 6 months of jail time
• Possible 100 hours of community service in place of jail time
• Fines between $500 and $1000
• Drug and alcohol evaluation
• Possible treatment requirement

Past DUI convictions are considered for a five-year look back period. If this is your first DUI conviction within five years, you can apply for diversion. This is an agreement that allows you to admit your guilt without facing formal conviction. You will have to agree to the following for diversion:

• No drinking for one year
• Not attending places that serve alcohol
• Random urine samples
• DUI Victims Panel
• Alcohol education class

If you successfully complete the diversion program, your charges will be dropped after one year.

License Suspensions for Kansas DUI You will also lose your right to drive as a result of your Kansas DUI offense. Typical license suspension times are as follows:

• First offenders - 30 days suspension, 330 days restricted privileges
• Second offenders - 1 year suspension
• Third offenders - 1 year suspension
• Fourth offenders - 1 year conviction
• Fifth offenders - permanent suspension

A restricted license will only allow you to drive to work or school. For any offenses past your first offense, you will have an ignition interlock device on your car for the first year after serving your suspension.

Insurance Consequences

Your Kansas DUI conviction will cause your insurance rates to increase. Some insurance companies may refuse to cover those with DUI convictions on their records. If you have to shop for new insurance coverage, you will find that your DUI conviction makes it difficult to get approval.