Kansas Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Kansas?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Kansas, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is
  .02 or more.

Penalties for Drunk Driving in Kansas

• Punishment for first-time offenders is a term of imprisonment of 48 hours to six months. First-time offenders must also pay a fine ranging from $750 to $1,000. These offenders must serve at least 48 consecutive hours of imprisonment or 100 hours of public service either before, or as a condition of, any grant of probation or suspension, reduction of sentence, or parole. First-time offenders must also enroll in, and successfully complete, an alcohol and drug safety education and/or treatment program. The driver’s license suspension period is 30 days. Following the suspension, these offenders will be required to drive on a restricted license for 330 days. A judge will determine what type of restriction to put on the offender’s license after considering the circumstances surrounding the conviction.
• Second-time offenders face a term of imprisonment of 90 days to one year. They must also pay a fine ranging from $1,250 to $1,750. Second-time offenders must serve at least five consecutive days in prison before the offender is granted probation, suspension or reduction of sentence, or parole, or is otherwise released. These offenders are required to enter into and complete a treatment program for alcohol and drug abuse. The driver’s license suspension period is one year. At the end of the suspension period, these offenders will be restricted to driving only a motor vehicle equipped with an ignition interlock device for one year.
• For a third conviction, the prison sentence is between 90 days and one year. The fine is between $1,750 and $2,500. Third-time offenders are not eligible for release on probation, suspension or reduction of sentence, or parole until they serve at least 90 days in prison. The driver’s license suspension period is one year. At the end of the suspension period, these offenders will be restricted to driving only a motor vehicle equipped with an ignition interlock device for one year.
• For a fourth or subsequent conviction, the prison sentence is between 90 days and one year. The fine is $2,500. These offenders are not eligible for release on probation, suspension or reduction of sentence, or parole until serving at least 90 days in prison. After serving time, the offender will be placed in the custody of the Secretary of Corrections for one year of post-release supervision. During this time, the offender will be required to participate in an in-patient or an out-patient program for alcohol and drug abuse. The driver’s license suspension period is one year. At the end of the suspension period, fourth-time offenders will be restricted to driving only a motor vehicle equipped with an ignition interlock device for one year. Those committing a fifth or subsequent offense will have their driver’s licenses permanently revoked.

• Other Drunk Driving Penalties
• Dram Shop
• Criminal Penalties for Selling Liquor to an Intoxicated Person
• Criminal Penalties for Furnishing or Selling Alcohol to Minors

Enhanced Penalty for Drunk Drivers Carrying Passengers Under 14

If a person is commits a DUI while someone under 14 was in the vehicle, the person’s punishment will be enhanced by an additional one month in prison.

Enhanced Penalty for Habitual Violators

Those convicted of DUI three times within a five-year period are “habitual violators.” Once a person becomes a “habitual violator,” he or she will lose driving privileges for three years.

Commercial Drivers

In addition to other penalties associated with Kansas’ DUI laws, a commercial driver who is convicted of DUI for the first time while driving any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was transporting hazardous materials at the time, the disqualification period is at least three years. If a commercial driver commits a second DUI while driving any vehicle, he or she will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.

Drivers Under 21

In addition to other penalties that may apply, drivers under 21 who fail a blood alcohol test will receive a one year driver’s license suspension.

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Dram Shop

Kansas does not have a dram shop statute.

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Criminal Penalties for Selling Liquor to an Intoxicated Person

Under Kansas law, it is a crime to sell liquor to a person who is drunk. A violation of this law is punishable by a prison term of up to 30 days, a fine ranging from $100 to $250, or both.

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Criminal Penalties for Furnishing or Selling Alcohol to Minors

In Kansas, it is a crime for a person to furnish alcohol to a minor. A violation of this law subjects the offender to up to six months in prison and a fine of up to $1,000. The minimum fine, however, is $250. It is also a crime for licensed drinking establishments to sell alcohol to those under 21. A violation of this law subjects the offender to up to six months in prison and a fine of up to $1,000. The minimum fine, however, is $200.

Need more information on state laws? Learn more about the laws where you live.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.