Updated November 26, 2024
While every Pennsylvania DUI case is different, anyone facing their first DUI offense should go into the process with a basic idea of what they’ll be facing. So, what happens when you get a DUI in PA on your first offense? Below, we’ll provide general information about dealing with a DUI in Pennsylvania and what you can expect to happen.
Overview of First Time DUI Laws in Pennsylvania
What Is Considered a DUI in Pennsylvania?
Pennsylvania law defines a DUI as follows:
- “An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.”
Note that you don’t have to be driving at the time to have “actual physical control” of your vehicle. The law also goes on to note that being impaired by controlled substances (including cannabis) can also qualify as a DUI.
Blood Alcohol Content (BAC) Levels in Pennsylvania
Under Pennsylvania law, DUI is divided into three tiers, based on your BAC as determined by breathalyzer or blood draw. The higher your BAC, the more strict the penalties will be. According to the Pennsylvania DOT, the tiers are:
- General Impairment (BAC .08% to .099%)
- High BAC (BAC .10% to .159%)
- Highest BAC (BAC .16% and above)
Note that if you refuse to take a breathalyzer or blood test, or an officer determines you to be under the influence of a controlled substance, you may be placed in the “Highest BAC” category.
Penalties for a DUI in Pennsylvania On First Offense
While a first-time DUI is not a felony in Pennsylvania, the penalties you’ll face can still be a significant disruption in your life. Here, we’ll take a quick look at some of the main penalties for a first DUI in PA.
Fines and Monetary Penalties
Fines can vary widely depending on your BAC, the circumstances of your arrest, and other factors. The State of Pennsylvania lists some of the costs you can expect to face after a DUI, which typically include (among others):
- Traffic fines, starting at $300 and up to $5,000 for the highest BAC
- Towing fees up to $500 and vehicle impound fees up to $175 per day
- Attorney fees of $2,000 and up
- Alcohol evaluation, education, and treatment fees of up to $1,000
- $76 license restoration fee
Jail Time
According to the Pennsylvania DOT, for someone with no prior DUI offenses and whose BAC is in the lowest tier, a DUI may come with up to six months’ probation, but usually no jail time unless aggravating factors are present (such as an accident or a minor riding in the vehicle). If your BAC was in the High tier and you have no prior DUI offenses, you could face between 48 hours and six months in jail, and in the Highest tier with no prior DUI offenses, the minimum jail time increases to 72 hours.
License Suspension or Revocation
If your BAC is in the High or Highest range and you have no prior DUI offenses, the court may suspend your license for 12 months. Drivers with a lower BAC with no prior DUI offenses may be able to avoid having their license suspended.
However, in all three tiers, you’ll be required to install an Ignition Interlock Device on your vehicle. This device requires the driver to provide a breath test sample below a predetermined standard in order to start the vehicle engine. We’ll talk more about Ignition Interlock Devices under “Reinstating Your Driver’s License” below.
Diversion Programs and ARD
Pennsylvania courts offer a program called Accelerated Rehabilitative Disposition (ARD) that’s designed to give first-time offenders the chance to rehabilitate themselves. The court will require you to fulfill various conditions, usually including taking drug and alcohol education classes and performing community service. Completing the ARD conditions makes you eligible to have your DUI charge expunged from your criminal record.
To be eligible for ARD, you usually cannot have participated in an ARD program within the past ten years, and your arrest can’t involve any aggravating factors like minors in the vehicle or an accident with injuries. Whether or not you are eligible for ARD depends on the prosecutor’s discretion, and factors like BAC can also affect whether ARD is an option for you. Your lawyer can advise you if you are likely to qualify for ARD and can guide you through completing and filing your application for the program.
Impact of a First-Time DUI on Insurance in Pennsylvania
Pennsylvania SR-22 Insurance Requirements
In many states, drivers with a DUI have to obtain a special insurance certificate called an SR-22, but it may not be required in Pennsylvania. However, it’s still important to check which insurance PennDOT requires you to carry. That said, you should be ready to pay significantly higher insurance costs after a DUI, since most insurance companies will raise your rates once you are convicted.
Recovering from a First-Time DUI in Pennsylvania
Reinstating Your Driver’s License
If your license has been suspended for a first-time DUI offense in Pennsylvania, Pennsylvania DUI laws may offer you the option to maintain your driving privileges if you install an Ignition Interlock Device on your vehicle. For a first offense, one year with an Interlock Device is a common requirement. Note that the Interlock Device must be installed on all vehicles you own or lease.
Once you’ve completed any court-ordered requirements, you can apply to have your driver’s license reinstated by the Pennsylvania DOT. The conditions to have your license restored are different for every driver, so you’ll need to access your restoration requirements letter through the Pennsylvania DOT website. If you don’t access your letter through the website, the DOT will mail you a copy of the letter 30 days before you become eligible to have your license restored.
The conditions of reinstatement will often include education or rehabilitation programs, community service, and paying fines or restitution. Once you’ve completed the conditions, follow the letter’s instructions for how to apply for license reinstatement.
If you’re facing your first DUI in Pennsylvania, finding an affordable, common-sense Ignition Interlock solution is a high priority. It’s easy to get started — contact our Program Advisors today to get a free consultation and set up your quick and easy appointment with a trained installer at a Smart Start location near you.
What to Expect After a First DUI Offense in Pennsylvania
Updated November 26, 2024
While every Pennsylvania DUI case is different, anyone facing their first DUI offense should go into the process with a basic idea of what they’ll be facing. So, what happens when you get a DUI in PA on your first offense? Below, we’ll provide general information about dealing with a DUI in Pennsylvania and what you can expect to happen.
Overview of First Time DUI Laws in Pennsylvania
What Is Considered a DUI in Pennsylvania?
Pennsylvania law defines a DUI as follows:
Note that you don’t have to be driving at the time to have “actual physical control” of your vehicle. The law also goes on to note that being impaired by controlled substances (including cannabis) can also qualify as a DUI.
Blood Alcohol Content (BAC) Levels in Pennsylvania
Under Pennsylvania law, DUI is divided into three tiers, based on your BAC as determined by breathalyzer or blood draw. The higher your BAC, the more strict the penalties will be. According to the Pennsylvania DOT, the tiers are:
Note that if you refuse to take a breathalyzer or blood test, or an officer determines you to be under the influence of a controlled substance, you may be placed in the “Highest BAC” category.
Penalties for a DUI in Pennsylvania On First Offense
While a first-time DUI is not a felony in Pennsylvania, the penalties you’ll face can still be a significant disruption in your life. Here, we’ll take a quick look at some of the main penalties for a first DUI in PA.
Fines and Monetary Penalties
Fines can vary widely depending on your BAC, the circumstances of your arrest, and other factors. The State of Pennsylvania lists some of the costs you can expect to face after a DUI, which typically include (among others):
Jail Time
According to the Pennsylvania DOT, for someone with no prior DUI offenses and whose BAC is in the lowest tier, a DUI may come with up to six months’ probation, but usually no jail time unless aggravating factors are present (such as an accident or a minor riding in the vehicle). If your BAC was in the High tier and you have no prior DUI offenses, you could face between 48 hours and six months in jail, and in the Highest tier with no prior DUI offenses, the minimum jail time increases to 72 hours.
License Suspension or Revocation
If your BAC is in the High or Highest range and you have no prior DUI offenses, the court may suspend your license for 12 months. Drivers with a lower BAC with no prior DUI offenses may be able to avoid having their license suspended.
However, in all three tiers, you’ll be required to install an Ignition Interlock Device on your vehicle. This device requires the driver to provide a breath test sample below a predetermined standard in order to start the vehicle engine. We’ll talk more about Ignition Interlock Devices under “Reinstating Your Driver’s License” below.
Diversion Programs and ARD
Pennsylvania courts offer a program called Accelerated Rehabilitative Disposition (ARD) that’s designed to give first-time offenders the chance to rehabilitate themselves. The court will require you to fulfill various conditions, usually including taking drug and alcohol education classes and performing community service. Completing the ARD conditions makes you eligible to have your DUI charge expunged from your criminal record.
To be eligible for ARD, you usually cannot have participated in an ARD program within the past ten years, and your arrest can’t involve any aggravating factors like minors in the vehicle or an accident with injuries. Whether or not you are eligible for ARD depends on the prosecutor’s discretion, and factors like BAC can also affect whether ARD is an option for you. Your lawyer can advise you if you are likely to qualify for ARD and can guide you through completing and filing your application for the program.
Impact of a First-Time DUI on Insurance in Pennsylvania
Pennsylvania SR-22 Insurance Requirements
In many states, drivers with a DUI have to obtain a special insurance certificate called an SR-22, but it may not be required in Pennsylvania. However, it’s still important to check which insurance PennDOT requires you to carry. That said, you should be ready to pay significantly higher insurance costs after a DUI, since most insurance companies will raise your rates once you are convicted.
Recovering from a First-Time DUI in Pennsylvania
Reinstating Your Driver’s License
If your license has been suspended for a first-time DUI offense in Pennsylvania, Pennsylvania DUI laws may offer you the option to maintain your driving privileges if you install an Ignition Interlock Device on your vehicle. For a first offense, one year with an Interlock Device is a common requirement. Note that the Interlock Device must be installed on all vehicles you own or lease.
Once you’ve completed any court-ordered requirements, you can apply to have your driver’s license reinstated by the Pennsylvania DOT. The conditions to have your license restored are different for every driver, so you’ll need to access your restoration requirements letter through the Pennsylvania DOT website. If you don’t access your letter through the website, the DOT will mail you a copy of the letter 30 days before you become eligible to have your license restored.
The conditions of reinstatement will often include education or rehabilitation programs, community service, and paying fines or restitution. Once you’ve completed the conditions, follow the letter’s instructions for how to apply for license reinstatement.
If you’re facing your first DUI in Pennsylvania, finding an affordable, common-sense Ignition Interlock solution is a high priority. It’s easy to get started — contact our Program Advisors today to get a free consultation and set up your quick and easy appointment with a trained installer at a Smart Start location near you.
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What Happens if I Have a Vehicle Service Appointment with an Ignition Interlock Installed?
So you’ve got your Ignition Interlock installed. Now it turns out that you need to get to your oil change appointment. Or you have some other vehicle maintenance services to attend to. If this is the case, there’s no need to worry about vehicle service appointments if you do have a Smart Start Ignition Interlock equipped.
With Smart Start, you are in good hands, no matter what! All that you need to do is go through our simple process with our vehicle service procedure.
Getting to a Vehicle Service Appointment with an Ignition Interlock
Our process will provide a simple solution if you need vehicle service on your Ignition Interlock-equipped vehicle. Since each state has different requirements for when your vehicle needs service, we have vehicle service instructions that are separated by state on our website. View your state’s instructions from our website and provide them to your mechanic during your appointment.
In general, however, the mechanic needs to call Smart Start from their business phone to let us know your vehicle is being serviced or worked on. That way, your Ignition Interlock provider knows what’s going on. Keep in mind that we can only speak to your mechanic regarding vehicle service instructions!
IMPORTANT! Make sure you keep all your service receipts handy! If a lockout should occur during your service appointment, your receipt will be proof that your vehicle was getting service at the time.
Have any questions? We’re here to help! Our customer service agents can assist you any time, even during weekends and holidays, at (800) 831-3299.
Need an Ignition Interlock Now?
Smart Start can help you as the most reliable Ignition Interlock provider! We offer our clients convenient locations throughout the U.S., an affordable program and a discreet Ignition Interlock Device. Schedule your installation appointment now by calling (800) 831-3299 or by filling out our online form.
Schedule an Installation
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When Will I Need an Ignition Interlock in New Mexico?
If you have a DWI or DUI in New Mexico, you will most likely need to install an Ignition Interlock. Don’t fret though! An Ignition Interlock is very easy to use and it gets you back on the road safely. Since New Mexico is an “all-offender” state, an Ignition Interlock is most likely a requirement for all DWI cases, whether it is your first or a repeat case.
Below is a general overview regarding how long you’ll need an Ignition Interlock based on your offense number and other factors.
Ignition Interlock Requirements in New Mexico
Unless your attorney suggests otherwise, an Ignition Interlock license can be requested after 30 days of your license revocation, or cancellation, period. Any DWI/DUI conviction usually means an Ignition Interlock Device (IID) is required for at least six months through the New Mexico MVD, or Motor Vehicles Department. Or, the court order for an IID is a one-year minimum requirement.
In New Mexico, you will be handling your criminal case and its separate penalties through the court, and then on the other end, your driver’s license process through the MVD.
Here’s the average requirement period, based on offense number, regarding how long you’ll need an Ignition Interlock.
There are longer, or additional, penalties when a driver refuses their sobriety test. For example, refusals could automatically result in an aggravated DUI and a one-year driver’s license suspension period. However, you may be eligible to install an Ignition Interlock and regain restricted driving privileges during this suspension period.
Do you have any questions? Feel free to contact our Customer Care Center at (800) 831-3299. We’ll help you out by being your partner through the Ignition Interlock process!
Install a Smart Start Ignition Interlock in New Mexico
Smart Start is New Mexico’s most reliable Ignition Interlock provider with an affordable program and 24/7/365 customer service. Make sure to ask for current discounts or specials! Schedule your installation appointment today by calling (800) 831-3299 or by filling out our online form.
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¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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Ignition Interlock Rolling Retests Aren’t a Distraction
There may be a lot of thoughts running through your mind after you realize you need to install an Ignition Interlock. One of them could be the rolling retests, and what all that entails.
If you are worried that an Ignition Interlock test while you’re driving can be distracting, don’t worry. We’ll go over how Ignition Interlock rolling retests work and how they support you during your time with the device.
Rolling Retests and How They Work
Rolling retests help you prove that you are not drinking and driving. These rolling retests occur after your initial test when starting your vehicle. The rolling retest countdown allows you plenty of time to pull over to a safe location, take your test, and then you’re back on the road. Completing a rolling retest literally takes a few seconds!
When Do I Know I Need to Take a Rolling Retest?
Your Ignition Interlock will emit a clear, loud sound when it is ready for a breath sample, or a rolling retest, while you’re on the road. There is no need to look at the Ignition Interlock, because the sound it emits is very distinct so you know that a retest is in progress. Once you hear the device’s prompt, you can pull over, put your vehicle in park and take your breath test. In fact, taking a bite out of a burger or sipping a cup of coffee while driving could be considered even more distracting!
Keep in mind that an Ignition Interlock properly installed will never turn your vehicle off!
Additional Rolling Retest Tips and Other Rolling Retest Articles
Be sure to never skip a rolling retest! Skipping rolling retests can mean a longer suspension period or other penalties. Below are some more helpful blogs that explain Ignition Interlock rolling retests.
Need any more information? Smart Start is happy to provide you the most seamless and stress-free Ignition Interlock program. Call our 24/7/365 Customer Care Center at (800) 831-3299.
Need an Ignition Interlock?
Smart Start will get you back on the road with a reliable Ignition Interlock. Schedule your appointment by calling us at (800) 831-3299 or filling out our online form.
Schedule an Installation
Get a quick and easy IID installation with Smart Start! Get started today!
¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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What to Expect After a First DUI Offense in West Virginia
Do you know what to expect after a first DUI offense in West Virginia? Below is a general idea of what you may encounter after a first DUI offense in West Virginia.
The Process for a First DUI Offense in West Virginia
First, keep in mind that there will be two different sides to a DUI in West Virginia. One is with your court to handle the criminal aspect of the DUI. The other is with the Department of Motor Vehicles, or DMV, to handle your driver’s license.
The Court Process
After being arrested for a DUI, you will be taken in for booking and arraigned before a Magistrate, either that day or the next day. At arraignment, bond can be set, or you can be released on your recognizance, which is at the Magistrate’s discretion.
At the time of arraignment, a Preliminary Hearing date will also be set. During the arraignment or at the Preliminary Hearing, you can request the WV DUI Deferral Program.
The West Virginia DUI Deferral Program
There is a DUI deferral program in West Virginia that is available for first-time DUI cases. This program is only applicable for non-aggravating circumstances and a BAC that is less than .15. This program is not available for CDL drivers. If you are applicable for the DUI deferral program through your court, you agree to a 15-day suspension of driving privileges, and then 165 days with an Ignition Interlock installed into your vehicle following this 15-day period. You can request to be considered for the DUI deferral program within 30 days of your arrest to your court.
The DMV Process
After your arrest, the West Virginia DMV Driver Services Department will be notified of your DUI. They will send you a revocation letter that lists the circumstances surrounding your case and what you need to do to reinstate your driving privileges. Listed below are the usual requirements contained in your letter because of a first DUI offense.
Once you receive the revocation letter, make sure to call the DUI Interlock Department. They will go over with your next steps and what you will need to do to be eligible for an Ignition Interlock installation. In West Virginia, you need to fill out an application with the WV Test & Lock Program, be approved and be sent an approval letter. You will need the approval letter before you can be installed on an Ignition Interlock. The DUI Interlock Department will let you know if you’re eligible, and if not, what you need to do to become eligible. After this process is complete, you’ll be able to visit an Ignition Interlock vendor that is state certified, such as Smart Start, and install your device.
Note: out-of-state DUI offenders will have a different application. You will need to call the DUI Interlock Department to get that application and review the process for out-of-state participation.
If you have any questions about the Ignition Interlock process in West Virginia, feel free to call our Customer Care Center at (800) 831-3299.
Need to Install an Ignition Interlock in West Virginia?
Schedule your installation appointment today with Smart Start! Call us at (800) 831-3299 or fill out our short online form to get back on the road right away.
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¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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Can I Lower the Breath Volume of My Ignition Interlock in Tennessee?
Are you worried about completing your Ignition Interlock tests due to a medical condition? In Tennessee, Smart Start can help lower the breath volume of your device if something medically related is preventing you from completing a test. For instance, if you have a lung-related condition such as asthma, it may be more difficult when taking the necessary breath tests.
We are always happy to help you during your program, but the right steps need to be taken first to lower the breath volume of your Ignition Interlock due to a medical condition.
The Process to Lower the Breath Volume of Your Ignition Interlock in Tennessee
First, you’ll want to schedule an appointment with your doctor and ask them to provide a letter to your court of conviction. This letter needs to be on your doctor’s letterhead and signed. The contents of the letter should go into detail on what your medical condition is and why it deters you from completing your Ignition Interlock breath tests, such as, ‘having a diminished lung capacity because of a pulmonary disease, or COPD.’
Next, you must have what is called a BVR form signed by your judge, probation officer, or the Tennessee Highway Patrol. You can get this form from your court.
Then, you can fax both your doctor’s letter and the signed BVR (breath volume reduction) form to 615-452-4550, which goes to Smart Start Tennessee’s office.
Now that we have the correct paperwork, we will call you and set up an appointment to adjust the breath volume of your Ignition Interlock. Then you’re done!
If you have any other questions regarding your Ignition Interlock program, we are happy to help at (800) 831-3299.
Need to Install an Ignition Interlock Now?
Smart Start will get you back on the road the quickest in Tennessee. With an affordable program, a reliable device and 24/7/365 customer service, you’ll be in good hands from installation to removal! Call today to schedule your appointment at (800) 831-3299 or fill out our short online form.
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¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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What is SR-22 in Oregon, and When Do I Need It?
If you just received a DUII conviction in Oregon, you may have heard that you need an SR-22. So, what exactly is an SR-22, and how do you go about applying for it to gain back your driving privileges?
What Does an SR-22 in Oregon Mean?
An SR-22 in Oregon is a certificate of “responsibility.” To specify, the SR-22 you apply for is a certificate that shows you have liability insurance. Because of your DUII conviction, the state needs to know that you have active insurance coverage for your vehicle, and this is where your SR-22 certificate comes in. In Oregon, the average time you’ll need to maintain your SR-22 is three years.
How and When Do I File for an SR-22 in Oregon?
Your SR-22 is one of the requirements you need to complete before regaining your driving privileges. So, when you appear before your hearing in court, you will be told to obtain an SR-22. If you hire an attorney, they may have advised you to obtain an SR-22 before your court or hearing date.
Did you refuse your breath test? This means you need to wait 90 days after your arrest date to apply for a hardship license with the installation of an Ignition Interlock and obtaining the SR-22.
At this point, whether before or after your court hearing, you should ask your current auto-insurance provider if they are a state-certified, SR-22 provider. If they do not offer this service, don’t panic! There are many state-certified, auto-insurance providers that can assist you with filing for an SR-22.
SR-22 providers are required by law to notify the DMV if there is any lapse in your coverage. Make sure to keep up with your SR-22 coverage!
Do you also need to install an Ignition Interlock? All it takes is one call to our friendly Customer Care Center at (800) 831-3299 or by filling out our short online form.
Ready to Install Your Ignition Interlock in Oregon?
Smart Start’s here for you throughout your program. With convenient locations, an affordable program and friendly service, we are Oregon’s number one Ignition Interlock provider! Call today to schedule your installation appointment or if you have any questions at (800) 831-3299 or by filling out our online form.
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¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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Do You Need Ignition Interlock Financial Assistance in West Virginia?
Do you need to install an Ignition Interlock in West Virginia, but you’re worried about the costs involved? Smart Start and the state can help you financially if you are eligible for West Virginia’s indigent Interlock program.
Who Approves My Eligibility into the West Virginia Indigent Interlock Program?
In West Virginia, the Department of Health and Human Resources determines your eligibility for the state’s indigent program. To be considered, you must request to your State Authority (such as your court of conviction) to start the process on being eligible for the state’s indigent program.
What Fees are Covered with the West Virginia Indigent Interlock Program?
Ignition Interlock users who are eligible for the indigent program will have waived fees on services such as installation and removal of the device. You will still need to pay for any other costs such as the leasing fee per month or a transfer fee. In addition, any lockout fees will not be covered under West Virginia’s indigent Interlock program.
How Do I Apply for Ignition Interlock Financial Assistance in West Virginia?
Need more information? The West Virginia Alcohol Test and Lock (Interlock) program is the overseeing authority for Ignition Interlock users. You can call them at 304-926-2507 for more information about the West Virginia indigent Interlock program. They need to review your driving record before submission of your application to the indigent program. Then, they can refer you to the correct department for the West Virginia indigent Interlock program.
And if you have any questions related to your Ignition Interlock, Smart Start will be happy to assist you at (800) 831-3299!
Need an Ignition Interlock in West Virginia Now?
If you need to install an Ignition Interlock soon, Smart Start can get you back on the road the quickest. We offer our clients conveniently located service shops, 24/7/365 client support and an affordable program. Schedule your installation appointment with Smart Start today at (800) 831-3299 or fill out our short online form.
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¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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What If I Have a Medical Condition, But Need an Ignition Interlock in Colorado?
Do you need an Ignition Interlock in Colorado, but you’re worried about completing the breath tests due to a medical condition? Lung-related diseases such as asthma can affect a person’s ability to complete a breath test. If you are eligible, Smart Start can assist you and lower the breath volume on your Ignition Interlock.
Here’s the steps to take to be considered to lower your Ignition Interlock’s breath volume in Colorado due to a medical condition and still meet your DUI requirements.
Steps to Lower Your Ignition Interlock’s Breath Volume in Colorado
First, ask your doctor for a notarized statement. This statement should go into detail about your medical condition, and why you cannot complete a breath test due to this condition. Then, once you have this statement, reach out to the Colorado DMV and send the paperwork to them so they can review. Your Ignition Interlock vendor cannot reduce your device’s breath volume until the Colorado DMV approves this change!
Finally, when the DMV sends the approval to your vendor, you may then schedule an appointment with your Ignition Interlock provider so they can lower the breath volume for you. If your vendor is Smart Start, we will call you to let you know about your eligiblity. You can then visit our service center to adjust your Ignition Interlock.
Have any questions? Smart Start is here for you step-by-step throughout your Ignition Interlock program. Just call our Customer Care Center at (800) 831-3299!
Do You Need to Install an Ignition Interlock Now?
Smart Start will get you back on the road the quickest with an easy Ignition Interlock and an affordable program. Schedule your installation appointment at (800) 831-3299 or fill out our online form.
Schedule an Installation
Get a quick and easy IID installation with Smart Start! Get started today!
¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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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:
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:
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.
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