DUI Laws in Kansas

0.08 for drivers generally (within three hours of driving). For drivers under 21, a test result of 0.02 to 0.0799 brings an administrative suspension.

A first DUI conviction is a class B nonperson misdemeanor: 48 consecutive hours to six months in jail (or, at the court's discretion, 100 hours of public service) and a fine of $750 to $1,000. Administratively (BAC 0.08 to 0.1499), a first test failure or conviction brings a 30-day suspension followed by an ignition interlock restriction of 6 months or 1 year and a $200 reinstatement fee; with BAC 0.15 or more, a 1-year suspension and 1-year interlock.

A third DUI conviction is a severity level 6, nonperson felony if the person has a prior DUI conviction within the preceding 10 years (not counting time spent incarcerated); otherwise a third conviction is a class A misdemeanor. A fourth or later DUI conviction is always a severity level 6, nonperson felony. For counting prior offenses, DUI convictions and DUI diversions on or after July 1, 2001 are taken into account.

Refusing a test leads to a one-year suspension followed by an ignition interlock restriction of two years for a first occurrence, three years for a second, four years for a third and five years for a fourth.

For counting prior DUI convictions or diversions for sentencing, convictions or diversions on or after July 1, 2001 are counted, and a court may consider earlier convictions when setting a sentence within the range. A third conviction is a felony if a prior conviction occurred within the preceding 10 years.

A person may petition to expunge a first DUI conviction or diversion 5 or more years after satisfying the sentence or diversion terms or being discharged from probation or other supervision; for a second or later DUI conviction the wait is 10 or more years. Even after expungement, the record can still be disclosed in some situations, such as an application for a commercial driver's license. How long a DUI stays on the Kansas driving record was not found on an official page.

After a DUI-related suspension, driving is restricted to vehicles with an ignition interlock. Drivers suspended for failure to comply with a traffic citation may get restricted privileges (now indefinite if approved), including driving to work, school, child care, groceries, fuel and religious services. Drivers revoked as habitual violators for no more than three driving-while-suspended convictions tied to unpaid citations may qualify for restricted privileges. KDOR also offers applications to modify other suspensions.