Kansas DUI Laws (Everything You Should Know)

Kansas DUI Laws (Everything You Should Know)

Know this… 

The Kansas DUI laws are very strict. 

If you’re caught driving under the influence, you will be subject to harsh penalties and fines. 

But what does the state consider “driving under the influence”?

What are the illegal BAC levels in Kansas?

Here, you’ll know everything you need to know about the Kansas DUI laws. We’ll talk about the DUI laws, the penalties, and so much more. 

This way, you will be a safe and responsible driver. 

So let’s dive right in! 

DUI Laws in Kansas

To know if you’re driving under the influence, your blood alcohol concentration (BAC) will be measured. So let’s look at the illegal BAC levels in Kansas and other laws related to DUI. 

Illegal BAC Levels

These are the BAC levels that are considered to be a DUI in Kansas: 

  • For ages 21 and above – 0.08% BAC level
  • For below 21 years old – 0.02% BAC level
  • For commercial drivers – 0.04% BAC level

These are the illegal BAC levels. However, regardless of age or license, if you show signs of impaired driving, you can still be charged with a DUI (even if your blood alcohol doesn’t reach illegal levels)

You might be wondering, “How do the police identify BAC levels?”

Well, BAC levels are identified using blood tests and/or breathalyzers. When pulled over, the police will ask you to take one of these tests on the spot. You can choose to get your BAC levels checked somewhere else. 

Implied Consent Law

Speaking of checking your BAC levels, Kansas has an Implied Consent Law. This law states that everyone who has a driver’s license in Kansas has automatically consented to get their BAC levels checked when a police officer suspects DUI. 

Anyone who refuses to take a breathalyzer or a blood test for alcohol will face an administrative penalty, such as losing their license for a year.  

Zero-Tolerance Law

The reason why minors’ illegal BAC level is 0.02% is because of the zero-tolerance law. This means that the State of Kansas does NOT allow anyone below 21 years old to drink alcohol — even more so when they get behind the wheel.  

DUI Penalties in Kansas

As we mentioned, you will face severe penalties if you are charged with DUI in Kansas. And, as you might expect, the penalties will increase if you are charged again and again. 

Here are the DUI penalties in Kansas that you may face:

Penalty:1st Offense:2nd Offense:3rd and Subsequent Offenses:
License Suspension30 days1 year1 year
Jail TimeMin of 48 hoursMin of 5 daysMin of 90 days
FineMax of $1,000Max of $1,750Max of $2,000

You may also be asked to use an Ignition Interlock Device (IID) for at least 2 years. 

Of course, the penalties will be worse if you cause death or injury. Expect even higher fines, longer jail time, and whatever the court deems a good punishment for your wrongdoings. 

Dangers of DUI

Why is driving under the influence a big NO?

Well, here are a few of the dangers of DUI: 

  • Judgment – Alcohol and drugs can impair your ability to think clearly, judge the situation, and assess your surroundings. 
  • Vision – Alcohol and some drugs can blur your vision, making it difficult for you to see if there are other vehicles, bicyclists, or pedestrians on the road. These substances may also affect how far ahead you can see. 
  • Color Distinction – Connected to impaired vision, you may experience difficulty in distinguishing the different colors of traffic lights and road signs. 
  • Reaction Time – Alcohol and some drugs slow your response time, making it hard for you to act right away when you’re driving. These substances can also make you distracted, anxious, or drowsy, making it difficult to focus on the road. 

How to Avoid DUI

There are several ways you can avoid drunk driving. Here are some great tips to follow when you’re out drinking: 

  • Ask a friend to drive for you. Just make sure that the friend hasn’t been drinking or taking drugs, too.  
  • Call a cab. Remember, it’s cheaper to get a cab than pay the penalty fines. 
  • Stay overnight to sober up before getting behind the wheel.  
  • Hide your keys to avoid driving when you’re drunk or have taken drugs. 
  • Do not drink if you’re planning to drive. Yes, even if it’s just 1 or 2 bottles. 

Take note that there is no quick fix to removing alcohol or drugs from your system. If you have taken drugs or drank alcohol, drinking coffee or sobering up in the next few hours will not remove these substances from your system. 

Frequently Asked Questions

Want to know more about the Kansas DUI laws? Check out these FAQs for additional information.

How likely is jail time for the first DUI in Kansas?

If it’s your first time being charged with a DUI, you will most likely be given 48-hour imprisonment. 

How long does a DUI in Kansas stay on your record?

A first-time DUI charge may be removed after 5 years, while second and subsequent charges can be removed after 10 years. That said, you have to complete probation and ask permission from a judge.

Is a DUI considered a felony in Kansas?

In Kansas, the first and second DUI offenses are considered to be misdemeanors. However, if you reach a third and subsequent offense, it will already be considered a felony. 

Can a DUI be dismissed in Kansas?

Unfortunately, you can’t dismiss a DUI in Kansas. You can only hope to get this charge expunged after 5 years — if your attorney can show clean records or can contest the DUI charge. 

How do you beat a DUI in Kansas?

To beat a DUI in Kansas, you need an attorney to help prove that the evidence or the process of convicting you of a DUI is flawed. For example, an attorney can contest that the police officer coerced a driver to take a breathalyzer. 


And that was your complete guide to the Kansas DUI laws. 

To be sure, drunk driving will make you face harsh penalties. But even worse is that you will be putting yourself, your passengers, and everyone around you in harm’s way. 


If that’s easier said than done, then make sure you follow the tips on how to avoid DUI. 

It’s always better to be safe than sorry. 

Always be a safe and responsible driver!

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