Kansas Drunk Driving Laws

If you are one of the many Kansas residents who are charged with driving under the influence (DUI) each year, you may be wondering how your arrest will affect you in the future. Indeed, with the state’s harsh sentencing guidelines, these concerns are certainly justifiable. Under state law, a DUI conviction can carry a multitude of penalties, including a license suspension, fine, community service, and possible jail sentence. Fortunately, with the right defense strategy, you may be able to avoid many of these consequences—and knowing which Kansas drunk driving laws apply to your case can substantially improve your chances of achieving a successful outcome in DUI court.

Like every state, Kansas has strict laws limiting the amount of alcohol a driver is permitted to have in his or her system when operating a vehicle. According to research, a person’s ability to drive becomes impaired when his or her blood-to-alcohol ratio reaches 0.08%—a percentage known as blood alcohol content, or BAC. As a result of this evidence, Kansas law prohibits motorists from driving with a BAC above this amount.

It is important to know, however, that the 0.08% limit applies only to those drivers who are legally allowed to consume alcohol. Drivers who have not yet reached the legal drinking age (21) are subjected to a much lower BAC limit of just 0.02%. Meanwhile, drivers who operate a commercial vehicle are permitted a BAC of only 0.04%. Due to these strict limitations, individuals who are caught driving with an illegal amount of alcohol in their system may be arrested for drunk driving—regardless of whether or not their ability to drive is impaired.

When a member of law enforcement suspects a driver is under the influence of alcohol, a chemical test may be administered to determine his or her BAC. Under Kansas’s “Implied Consent Law,” all licensed drivers are legally required to submit a breath, blood, or urine sample for the purpose of chemical testing—and refusing the test will lead to an arrest. In addition, drivers who do not comply with the officer’s request will face an automatic one-year license suspension due to their actions.

The penalties for a drunk driving conviction are almost entirely based upon the offender’s prior history of DUI. For a first offense, the sentence will often include a minimum $500 fine, 30-day license suspension, and mandatory jail time of 48 hours or more. The court may also require the driver to perform up to 100 hours of community service and/or complete a substance abuse treatment program. With each subsequent conviction, the penalties then increase—and after two convictions, the offense is considered a felony crime.

Depending on the circumstances of your case, there are a number of defenses that can be used to challenge your arrest and avoid a life-altering drunk driving conviction. To discuss the best strategy for your situation, submit your information online today. An experienced DUI defense attorney will contact you shortly to schedule a free, no-obligation consultation on your case.