Kansas DUI Laws & Penalties
Last reviewed:
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: lifetime (post-2001 convictions counted). Distinctive rule: only convictions/diversions on or after July 1, 2001 count — but among those, there is NO time washout. 3rd is a felony if a prior was within 10 years; 4th+ is always a felony regardless of timing.
- Primary statute: K.S.A. § 8-1567
0.15+ lengthens the post-suspension IID requirement (3 years vs 2) but does not create a separate offense tier.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class B nonperson misdemeanor | 48 hours (or 100 hrs community service) – 6 months; mandatory min 48 hours OR 100 hrs community service | $750–$1,000 (plus costs and fees) | 30-day suspension + 180-day restricted (IID) – 1 year; hardship: IID restricted license | Required |
| Second offense | Class A nonperson misdemeanor | 90 days – 1 year; mandatory min 90 days (5 days served before work release/house arrest eligible) | $1,250–$1,750 | 1-year suspension + 2-year IID (3-year IID if 0.15+) – 1 year + IID; hardship: IID restricted license | Required |
| Third offense | felony if a prior within 10 years (else nonperson felony/misdemeanor split — verify); severity level nonperson felony | 90 days – 1 year; mandatory min 90 days (48 hrs before eligibility for house arrest) | $1,750–$2,500 | 1-year suspension + 3-year IID – 1 year + IID; hardship: IID | Required |
| Fourth+ offense | nonperson felony (always, regardless of timing) | 90 days – 1 year; mandatory min 90 days; postrelease supervision | $2,500 ($2,500) | 1-year suspension + 3-year IID – 1 year + IID; hardship: IID | Required |
First offense
- Classification: Class B nonperson misdemeanor
- Jail: 48 hours (or 100 hrs community service) – 6 months; mandatory min 48 hours OR 100 hrs community service
- Fine: $750–$1,000 (plus costs and fees)
- License suspension: 30-day suspension + 180-day restricted (IID) – 1 year; hardship: IID restricted license
- Alternative disposition: DUI diversion available for eligible first offenders (never previously diverted for DUI): charges dismissed on completion but the diversion COUNTS as a prior for future enhancement.
- Interlock: IID required after suspension; longer if 0.15+.
Second offense
- Classification: Class A nonperson misdemeanor
- Jail: 90 days – 1 year; mandatory min 90 days (5 days served before work release/house arrest eligible)
- Fine: $1,250–$1,750
- License suspension: 1-year suspension + 2-year IID (3-year IID if 0.15+) – 1 year + IID; hardship: IID restricted license
Third offense
- Classification: felony if a prior within 10 years (else nonperson felony/misdemeanor split — verify); severity level nonperson felony
- Jail: 90 days – 1 year; mandatory min 90 days (48 hrs before eligibility for house arrest)
- Fine: $1,750–$2,500
- License suspension: 1-year suspension + 3-year IID – 1 year + IID; hardship: IID
- 3rd with no prior within 10 years may be a nonperson misdemeanor; 3rd with a prior within 10 = nonperson felony. Verify current classification at page QC.
Fourth+ offense
- Classification: nonperson felony (always, regardless of timing)
- Jail: 90 days – 1 year; mandatory min 90 days; postrelease supervision
- Fine: $2,500 ($2,500)
- License suspension: 1-year suspension + 3-year IID – 1 year + IID; hardship: IID
Refusing a chemical test (implied consent)
Refusal: 1-year suspension + 2-year IID (first); test failure at 0.08–0.149 also 30-day susp + 180-day restricted. Kansas also had a separate 'refusal crime' (§ 8-1025) struck down by the state Supreme Court (State v. Ryce) — refusal is now civil only. Verify at page QC.
Statute: K.S.A. § 8-1001, § 8-1014
Ignition interlock
IID mandatory after every DUI suspension (2 years first, 3 years for repeat or 0.15+); restricted IID license is the standard route back to driving.
Statute: K.S.A. § 8-1015
Frequently asked questions
What is the penalty for a first DUI in Kansas?
A first DUI in Kansas is a Class B nonperson misdemeanor. Jail: 48 hours (or 100 hrs community service) – 6 months; mandatory min 48 hours OR 100 hrs community service. Fine: $750–$1,000 (plus costs and fees). License suspension: 30-day suspension + 180-day restricted (IID) – 1 year; hardship: IID restricted license.
What is the legal BAC limit in Kansas?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Kansas look back at prior DUI offenses?
lifetime (post-2001 convictions counted). Distinctive rule: only convictions/diversions on or after July 1, 2001 count — but among those, there is NO time washout. 3rd is a felony if a prior was within 10 years; 4th+ is always a felony regardless of timing.