DUI in Kansas: What to Expect On a First Offense

Updated December 18, 2024

Do you know what you could be in for when you’re charged with a DUI in Kansas on the first offense? The consequences of getting your first DUI in Kansas can depend on a variety of circumstances, including your blood alcohol content (BAC) level, if you refused a blood or breath test, and other factors. These are some of the major elements that are likely to affect the outcome of a first offense Kansas DUI.

What Is the Definition Of a DUI In Kansas?

The Kansas Department of Transportation provides this simplified definition of DUI in Kansas: “In Kansas, it is against the law to drive or attempt to operate a motor vehicle while having a blood or breath alcohol concentration (BAC) of .08 or above.”

The legal definition of DUI in Kansas goes on to state that any combination of alcohol, drugs, or both that impairs your ability to safely drive can be considered DUI. Thus, Kansas drivers should remember that you don’t necessarily have to blow a .08 to be convicted of DUI if you’re still substantially impaired.

What Are the Fines and Penalties for a DUI In Kansas On First Offense?

According to the Kansas Highway Patrol, a first-offense DUI in Kansas is a Class B misdemeanor. Drivers arrested for a first DUI in Kansas with a BAC between .08-.14% can expect to face some or all of the following penalties, as specified in the Kansas Department of Transportation’s DUI laws resource:

• 30-day license suspension
• A fine of up to $1,000, not including court costs and other fees
• Between 48 hours and six months of jail time, with the option for a court to require 100 hours of community service instead
• Either six months or one year of Ignition Interlock Device installation on your vehicle, depending on your previous driving record
• $200 reinstatement fee to restore your license
• Higher rates from your insurance company

Some local courts offer diversion options that allow people who have been charged with their first DUI in Kansas to complete a diversion program instead. Diversion programs offer alternative sentencing that can be less disruptive to your life, but require completion of certain conditions like additional community service or alcohol education classes. Talk to your attorney to learn if diversion programs are available in your jurisdiction.

Aggravating Factors in Kansas’s First Offense DUI Laws

A DUI is always serious, but under DUI laws in Kansas, some circumstances can increase the penalties you face even for a first offense, including:

• If you had people under 14 in the vehicle at the time of your arrest, you could be subject to an additional one-month jail sentence on top of any other jail time.
• If your tested BAC was 0.15 or higher, you might face stricter sentencing conditions, including a one-year license suspension followed by a one-year Ignition Interlock requirement.
• If your arrest involved accidents or injuries, you might be subject to additional criminal penalties.
• If you refused to take a breath or blood test, the State may require additional administrative penalties, such as extended license suspension and extended Ignition Interlock requirements.

No matter what factors are present at your arrest, retaining a lawyer is critical to help you navigate your case. If you can’t afford a lawyer, remember that you can apply to have the court appoint a public defender for you.

Ignition Interlock Requirements for a First-Time DUI In Kansas

Many states, including Kansas, require the use of Ignition Interlock Devices for drivers convicted of DUI. An Ignition Interlock Device connects to your vehicle’s ignition system and requires the driver to provide a breath sample before starting the engine. If the device registers a breath alcohol content (BrAC) over a predetermined limit (set by state or local laws), the engine will not start.

Most drivers who get their first DUI in Kansas will be required to install an Ignition Interlock for either 6 months or a year, depending on previous driving record and BAC. You’ll need to choose an Ignition Interlock Device (IID) provider approved by the Kansas Highway Patrol, and you’ll be financially responsible for the costs of the IID, including a monthly fee to lease IID equipment, along with one-time service fees such as an installation fee. If the cost of an IID is a major financial hardship for you, the Kansas Highway Patrol offers a reduced cost Ignition Interlock program, which you can learn about here.

Get Back on the Road with a Smart Start Ignition Interlock in Kansas

If you’re required to install an Ignition Interlock Device after a DUI in Kansas, Smart Start can help you return to the road. We’re an approved Kansas Interlock Device provider, and we’re proud to bring our clients an affordable program with 24/7/365 customer service and easy-to-use devices.

With more than 30 years of experience, Smart Start aims to deliver a fast and user-friendly experience that allows Kansas drivers to meet their Ignition Interlock requirements. Talk to one of our Program Advisors today — we’ll be glad to schedule your appointment and get you on the road back to normal.

Other Helpful Kansas Ignition Interlock Blog Posts

• What is SR-22 in Kansas and How Long Do I Need It?
• I Have a Medical Condition but Need an Ignition Interlock in Kansas
• When Will I Need an Ignition Interlock in Kansas?