Kansas sets its DUI level at 0.08 percent for blood alcohol content.
After this point an individual may be arrested for driving under the
influence or for driving while intoxicated. Upon an arrest an
individual will often submit to field sobriety testing and have his or
her physical appearance, driving patterns, performance, and statement
recorded by the police.
Individuals may refuse to take chemical tests but will subsequently
have their driver's licenses suspended. Failing a chemical test will
also result in driver's license suspension. Every suspension depends on
the case and usually can range from a suspension for thirty days to a
suspension for one year.
Within ten days of an arrest, an individual may request an
administrative hearing with the Kansas Department of Revenue to contest
a driver's license suspension. In these cases a suspension can be
halted until the hearing has closed and a verdict made.
An individual may be charged with drunk driving under different laws.
The first is driving under the influence charges where the prosecuting
attorney will need to show sufficient evidence that the individual was
too impaired to drive. Evidence can include a blood alcohol content
percentage, driving pattern documentation, documentation of personal
appearance, and field sobriety tests. If the prosecuting attorney
cannot prove to the jury or the judge -- which shall oversee the case
depends on the circumstances -- that the individual was impaired, the
case will be dismissed.
Per se laws also exist for drunk driving. Under these laws no evidence
is needed to prove that an individual was impaired. Instead per se laws
only need to cite that the individual in question had a blood alcohol
content percentage over the legal limit.
Punishments and consequences in Kansas for DUI offenses depend on the
number of prior convictions. Fines, driver's license suspension,
incarceration, and vehicle impounding are often consequences. A
first-time DUI offense is considered to be a Class B Misdemeanor and
can include several punishments upon one conviction. Consequences
include up to forty-eight hours in jail, up to one hundred hours of
community service, a fine between five hundred and one thousand
dollars, driver's license suspension for thirty days with three hundred
thirty days of restrictions, and attendance to an alcohol evaluation
A second DUI offense is considered a Class A Misdemeanor. This
misdemeanor has the same consequences as first-time offense but can
have incarceration times between ninety days and one year, an
interlocking restriction for license suspension, and fines between one
thousand dollars and fifteen hundred dollars.
A third DUI offense will also receive a mandatory imprisonment of
ninety days that can be altered after forty-eight hours. Fines can
increase to twenty-five hundred dollars. A fourth conviction will
include the same punishments as a third offense with a mandatory
imprisonment of seventy-two hours minimum. A fifth offense will
permanently suspend all driving privileges.
Individuals at least fourteen-years-old upon DUI arrest will be charged
as adults. A sentencing cannot exceed ten days. Minors are considered
driving under the influence at a blood alcohol content percentage of
0.02. Driver's licenses will subsequently be suspended for at least