Kansas DUI Laws

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Kansas DUI laws state that anyone who is driving with a blood/breath alcohol concentration (BAC) of 0.08% or above can be charged with a DUI, or “driving while intoxicated.” Anyone under 21 can be charged if their BAC is higher than 0.02%.
Each year, over 10,000 people in the US are killed on the road as a result of drunk driving crashes.
Driving while under the influence—of alcohol or drugs—is a dangerous crime. Penalties vary by state, but even a first-time offense could cost you up to $10,000 in legal fees and fines. Plus, a DUI in Kansas will most certainly impact your car insurance rates.
Here’s everything you need to know about the DUI laws in Kansas, compiled by Jerry, the car insurance comparison and broker app.
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What is a DUI?

DUI is an acronym that stands for driving under the influence whereas DWI means driving while intoxicated or impaired.
A Kansas driver can be charged with a DUI for driving under the influence of alcohol or drugs. This includes legal drugs like prescriptions and over-the-counter drugs. If you become impaired as a result of taking a substance and then get behind the wheel, you can be charged with a DUI.
Be aware that you could get a DUI without actually driving. “Operating or attempting to operate” a vehicle with a high BAC is enough to convict, even if the car isn’t moving.
It’s also possible to be convicted by your level of impairment, regardless of your BAC. That’s because the amount of alcohol a person must drink to reach the legal limit changes depending on body size and type of drink.
Some states use different terms to mean the same thing, like OUI (operating under the influence) or OWI (operating while intoxicated).

DUI in Kansas

In Kansas, it is illegal to operate a vehicle with a blood alcohol level of:
  • 0.08% or higher if you’re 21 or older
  • 0.04% or higher if you’re driving a commercial vehicle
  • 0.02% or higher if you’re under the age of 21
Key Takeaway There is zero tolerance for minors driving under the influence. People under the age of 21 may not carry alcohol inside a vehicle unless a parent is present and the container is unopened, full, and sealed.
Each state has an implied consent law which says that you consent to be tested if an officer suspects you of driving under the influence of alcohol or drugs.
If you are lawfully arrested for a DUI, you are required to submit to a urine, blood, or breath test. Kansas drivers who refuse a chemical test can be penalized with revocation of their license (one year for a first offense). If you refuse testing, you’ll also be required to install an ignition interlock device for two years.
You do not have the right to consult with legal counsel before taking the test.

Penalties for a DUI in Kansas

Penalties for DUIs are severe in Kansas and the conviction will remain on your driving record for 10 years.

First conviction

In Kansas, a first offense DUI for a driver 21 and older could result in the following penalties.
Fine$750 to $1,000
Jail48 hours to six months
License suspension30 days minimum, 1 year if BAC higher than 0.15%
Vehicle impoundmentNo
SR-22 requirementYes
Ignition interlock deviceYes
For an underage DUI, here are the penalties for a first conviction.
Fine$500 to $1,000 if BAC higher than 0.08%
Jail48 hours to one year if BAC higher than 0.08%
License suspension30 days
Vehicle impoundmentNo
SR-22 requirementYes
Ignition interlock deviceYes, 330 days

Subsequent convictions

If you are convicted of a DUI again, you will be subject to increased penalties.
FineUp to $2,500
JailFive days to 12 months
License suspensionOne year
Vehicle impoundmentYes
SR-22 requirementYes
Ignition interlock deviceYes, one to three years
The state can require you to install an ignition interlock device (II) in your vehicle. This device can prevent you from starting the car if there is any alcohol on your breath.
It may be possible for you to obtain a restricted or hardship license in Kansas after a first offense that permits you to drive when necessary (i.e., to work) if you agree to:
  • Complete the prescribed program
  • Install an IID
  • Agree to only drive vehicles with an IID
  • Pay the reissue and restriction fees to the state
Key Takeaway Minimum penalties are usually increased if you had a very high blood alcohol concentration or if you were involved in an accident where someone was injured—even for a first conviction.
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Does a DUI impact car insurance in Kansas?

Yes, insurance companies pay very close attention to DUI convictions. You will be classified as a high-risk driver.
You may find it challenging to find insurance in Kansas with a DUI on record, so the best strategy is to shop around. The Jerry app can compare rates from up to 50 top insurance companies—in just 60 seconds—so you don’t have to deal with sales calls or fill out lengthy online forms.
With a conviction on your record, expect substantially higher rates than your previous payment.
You may need to find an insurance company that can file an SR-22 on your behalf. This confirms that you have the state-mandated minimum insurance, and it’s required before you are allowed to drive.

Other effects of a DUI

On top of the penalties and higher insurance rates, you could face additional consequences due to a DUI conviction.
License revocation: After a DUI charge, you may have your license revoked if you were charged with other serious offenses—like endangerment.
Ignition interlock device: Every state has a version of the ignition interlock program which requires drivers with a DUI conviction to install this device in their vehicle. It can disable your engine if any alcohol is detected on your breath.
Background checks: Employers who pull a background check will see your DUI conviction. This could jeopardize your job prospects, especially since it will stay on your record for 10 years in Kansas.

How to find cheap insurance after a DUI

Jerry is the easiest and most effective way for someone with a DUI conviction to find a customized car insurance policy.
If you want to save money on car insurance in Kansas, the Jerry app is a good place to start. A licensed broker, Jerry does all the hard work of finding the cheapest quotes from the top name-brand insurance companies and buying new car insurance. Jerry will even help you cancel your old policy.
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