KANSAS DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
KANSAS DUI/ DWI REGULATIONS
In Kansas, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Kansas automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. Your license will be suspended or revoked, if you convicted of DUI/DWI. The punishment will depend on the severity of the offense and the number of times you have been convicted for it. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
KANSAS DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
- Your vehicle may be impounded or immobilized for 1 year and you will have to bear the towing, storage and impoundment fees or other immobilization costs.
- A person who is restricted to operate only a vehicle that has an installed ignition interlock device may operate an employer’s vehicle that does not have an ignition interlock device during normal business hours, only if the person does not entirely or partly control or own the employer’s business or vehicle.
1st Offense
- Is treated as a Class B non-person Misdemeanor.
- Imprisonment for 48 consecutive hours to 6 months.
- A $500 to $1,000 fine.
- Your driving privileges will be suspended for 30 days and restricted for 330 days thereafter.
- The court may order 100 hours of community service instead of imprisonment.
- You will have to undergo an alcohol and drug abuse treatment program.
- For BAC of 0.15% and over, driving privileges will be suspended for 1 year and restricted to driving with ignition interlock device for 1 year thereafter.
2nd Offense
- Is treated as a Class A non-person Misdemeanor.
- Imprisonment for 90 days to 1 year.
- A $1,000 to $1,500 fine.
- Your driving privileges will be suspended for 1 year and you will have interlock restrictions for 1 year thereafter.
- Minimum imprisonment is 5 days. However, after 48 hours the judge can order the remaining sentence to be completed in a work release program or on house arrest.
- You will have to undergo an alcohol and drug abuse treatment program.
- For BAC of 0.15% and over, driving privileges will be suspended for 2 years.
3rd Offense
- Is treated as a non-person Felony.
- Imprisonment for 90 days to 1 year.
- A $1,500 to $2,500 fine.
- Your driving privileges will be suspended for 1 year and you will have interlock restrictions for 1 year thereafter.
- Mandatory imprisonment is 90 days. However, after 48 hours the judge can order the remaining sentence to be completed on house arrest or in a work release program or on house arrest. You may also have to serve the sentence in a state approved correction facility and undergo a substance abuse program.
- You will have to complete an alcohol and drug abuse treatment program as a prerequisite for parole.
- For BAC of 0.15% and over, driving privileges will be suspended for 3 years.
4th Offense
- Is treated as a non-person Felony.
- Imprisonment for 90 days to 1 year.
- A $2,500 fine.
- Your driving privileges will be suspended for 1 year and you will have interlock restrictions for 1 year thereafter.
- The minimum imprisonment is 90 days you may be eligible for probation, parole or sentence suspension or reduction thereafter. You may also have to serve the sentence in a state approved correction facility and undergo an alcohol and drug abuse treatment program.
- Your vehicle license plate or temporary registration certificate may be revoked for 1 year.
- For BAC of 0.15% and over, driving privileges will be suspended for 10 years.
If you are under 21 years old:
- A BAC between 0.02% and 0.079% does not involve any penalties but driving privileges may be suspended.
- Your license may be suspended for 30 days after the 1st conviction followed by 330 days of restricted driving privileges. For a 2nd offense (or subsequent offense) you’ll face a license suspension for 1 year for BAC 0.02 or more but under 0.08.
- If you are accompanied by one or more children under 14 when caught for DUI, it will lead to your punishment being increased by 1 month which has to be served consecutively with any other punishment.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
KANSAS PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if you have any detectable alcohol level under 0.04%.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- You will lose your CDL for life if you have a 2nd DUI conviction in your personal vehicle.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
KANSAS ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Kansas’s laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 21 and is driving with BAC 0.02% or more.
Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Kansas driver license and issue a DC-27 form notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Division of Motor Vehicles. The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous driving record. If he has any alcohol related convictions or suspensions, his license will be suspended or revoked, and if not, then it will be suspended or revoked. The suspension or revocation begins 30 days after the final order of the hearing officer is mailed from the Division of Motor Vehicles.
KANSAS LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Division of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the alcohol and drug abuse treatment program or a comparable program (the agency will send the proof to the DMV once you have completed the program), pay the reinstatement fee, and maintain proof of financial responsibility (SR-22), if required.
- If you are being convicted for DUI/ DWI, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
- You can submit the reinstatement application and fees in person at a Division of Motor Vehicles office near you.