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Kansas DUI Laws


Kansas DUI Laws have strict implementation and to prove that two new bills were passed into laws this 2010.

There are two ways in which you can be arrested for DUI in the state of Kansas.You do not have to qualify both as long as you commit any of these two, you will be arrested.

The state’s per se law says that a driver with a blood alcohol content of 0.08% or more can be arrested, so is a minor under 21 with a BAC of 0.02% or more and a commercial vehicle driver with a BAC of 0.04% or more. Intoxication of alcohol and/or drugs that can lead to the impairment of your driving patterns can also be grounds for arrest. The officer on the scene will determine this though your physical appearance, field sobriety tests, and the way you converse with the said officer.

Once you arrested, you will be asked to take the BAC test to determine the alcohol content in your system. If you refuse to take the test more severe fines and penalties will be imposed and your driver’s license will be suspended for a longer time.

You will then face two separate charges for DUI: one is a criminal court case and the other is a license case.

For the latter case, you can request for an administrative hearing, with the help of a DUI defense lawyer, to challenge the grounds on which your license is being suspended. During your arrest the officer should give you a DC-27 form. On the back of this form is a notice to request for an administrative hearing to the Kansas Department of Revenue 10 days within the receipt of the form. Failure to request a hearing will automatically result in license suspension.

The court will impose the following penalties and fines based on your offense frequency:

1. First DUI conviction – minimum mandatory jail time of 48 hours or render community service for 100 hours and fines from $500 to $1,000;
2. Second DUI conviction – jail time from 90 days to 1 year and fines from $1,000 to $1,500;
3. Third DUI conviction – is now considered a felony offense with corresponding jail time of 90 days to 1 year and fines from $1,500 to $2,500; and
4. Fourth DUI and subsequent conviction – also considered a felony offense with corresponding jail time of 180 days minimum to 1 year and fines of $2,500 minimum.

On the other hand, the administrative case also separately imposes a driver’s license suspension as follows:

1. First DUI offense – license suspension of 30 days
2. Second DUI offense – license suspension of 1 year
3. Third DUI offense – license suspension of 1 year

Kansas DUI Laws have complexities in its laws and regulations when it comes to DUI offenses, a well-qualified DUI defense lawyer can best explain this to you.