Kansas · DUI · Checked October 2026

DUI Laws in Kansas

What Happens if You Get a DUI in Kansas?

Kansas calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 14 days to challenge your license suspension
First offense jail: 48 consecutive hours to 6 months, or in the court's discretion 100 hours of public service
First offense fine: $750 to $1,000
First offense license: 30 days, then 180 days (or 1 year with certain driving-record history) of interlock-only driving; 1 year suspension then 1 year interlock if BAC 0.15 or more
Felony: A fourth or later DUI conviction, or a third conviction when there is a prior conviction within the preceding 10 years (not counting time incarcerated), is a severity level 6, nonperson felony

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Kansas DUI Laws: Key Facts

Legal limit (adults): 0.08 BACK.S.A. 8-1567(a); K.S.A. 8-2,144(a); K.S.A. 8-1567a(a); K.S.A. 8-1014(b)(2) (0.15 raises the administrative license penalties)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (0.02 or greater for drivers under 21)
Enhanced penalties from: 0.15 BAC
Lookback period: DUI convictions and diversions count toward first, second, third or later only if they occurred on or after July 1, 2001; certain related offenses (commercial DUI, boating under the influence, DUI manslaughter and others) count for life; a third conviction becomes a felony when a prior is within 10 years

Kansas DUI Penalties by Offense

DUI penalties in Kansas for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	class B, nonperson misdemeanor	class A, nonperson misdemeanor	class A, nonperson misdemeanor; severity level 6, nonperson felony with a prior conviction in the preceding 10 years
Jail	48 consecutive hours to 6 months, or in the court's discretion 100 hours of public service	90 days to 1 year; at least 120 hours of confinement (including at least 48 hours of imprisonment) as a condition of probation	90 days to 1 year; at least 30 days of confinement (first 48 hours consecutive imprisonment) as a condition of probation
Fine	$750 to $1,000	$1,250 to $1,750	$1,750 to $2,500
License suspension	30 days, then 180 days (or 1 year with certain driving-record history) of interlock-only driving; 1 year suspension then 1 year interlock if BAC 0.15 or more	1 year, then 1 year of interlock-only driving (2 years if BAC 0.15 or more)	1 year, then 2 years of interlock-only driving (3 years if BAC 0.15 or more)
Ignition interlock	interlock-only driving after the suspension: 180 days, 1 year with certain driving-record history, or 1 year at BAC 0.15 or more	1 year after the suspension (2 years if BAC 0.15 or more)	2 years after the suspension (3 years if BAC 0.15 or more)

First offense: K.S.A. 8-1567(b)(1)(A), (b)(4), (f); K.S.A. 8-1014(b); K.S.A. 8-1015(b) · Second offense: K.S.A. 8-1567(b)(1)(B), (b)(4); K.S.A. 8-1014(b) · Third offense: K.S.A. 8-1567(b)(1)(C), (b)(1)(D), (b)(3); K.S.A. 8-1014(b)

When Penalties Are Higher

one or more children under 18 in the vehicle (driver 18 or older): punishment enhanced by one month of imprisonment, served consecutively to any other mandatory minimumK.S.A. 8-1567(c)
BAC 0.15 or higher: longer administrative penalties: first occurrence 1 year suspension then 1 year interlock; second 1 year then 2 years; third 1 year then 3 years; fourth 1 year then 4 years; fifth or later 1 year then 10 yearsK.S.A. 8-1014(b)(2)
fourth or subsequent conviction: severity level 6, nonperson felony; at least 30 days of confinement as a condition of probationK.S.A. 8-1567(b)(1)(E)

More on Kansas DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

administrative suspension of 1 year followed by interlock-only driving: 2 years (first occurrence), 3 years (second), 4 years (third), 5 years (fourth), 10 years (fifth or later)K.S.A. 8-1014(a)

Official source: if you refuse a breath or blood test in Kansas

Getting a Restricted (Ignition Interlock) Driving Privileges

a person suspended under K.S.A. 8-1014 may apply to drive only a vehicle with an ignition interlock for the suspension period; $100 application fee; approved unless another action has restricted, suspended, revoked or disqualified the license; KDOR takes applications through its Customer Service Center (form DC-1015)

Official source: getting a restricted (ignition interlock) driving privileges in Kansas

Ignition Interlock

First offense: yes, after the 30-day suspension: 180 days of interlock-only driving (1 year with certain driving-record history, or 1 year after a 1-year suspension at BAC 0.15 or more) Repeat offenses: second: 1 year (2 years at 0.15+); third: 2 years (3 at 0.15+); fourth: 3 years (4 at 0.15+); fifth or later: 10 years device must be approved by the Kansas Highway Patrol and kept at the driver's expense; a driver on a 10-year restriction may petition a district court for relief after 5 years

Official source: ignition interlock in Kansas

Can a DUI Come Off Your Record?

expungement is available for DUI convictions and diversions Waiting period: 5 years for a first DUI; 10 years for a second or later DUI the waiting period runs from when the sentence or diversion terms were satisfied or the person was discharged from probation, community corrections, parole, postrelease supervision, conditional release or a suspended sentence

Official source: can a dui come off your record? in Kansas

Drivers Under 21

drivers under 21 may not drive with a blood or breath alcohol content of 0.02 or greater first occurrence (0.02 to under 0.08): 30-day suspension followed by 180 days of interlock-only driving; second or later: 1-year suspension; 0.08 or more is handled like any adult test failure

Official source: drivers under 21 in Kansas

Driving After Using Drugs

yes; the same DUI statute covers driving under the influence of any drug or combination of drugs, or alcohol and drugs, to a degree that renders the person incapable of safely driving; being entitled to use the drug is not a defense

Official source: driving after using drugs in Kansas

More on DUI Law in Kansas

For the state's own guidance, see Kansas Department of Revenue, Suspended Licenses / Driver Solutions.

This page summarizes Kansas law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Kansas can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Kansas?

Jail: 48 consecutive hours to 6 months, or in the court's discretion 100 hours of public service. Fine: $750 to $1,000. License suspension: 30 days, then 180 days (or 1 year with certain driving-record history) of interlock-only driving; 1 year suspension then 1 year interlock if BAC 0.15 or more.

How Long Do You Have to Request a License Hearing in Kansas?

14 days. How it is counted: service of the officer's certification and notice of suspension (written request postmarked or faxed within 14 calendar days; 3 extra days if the notice was served by mail). Mail a written request to DL Administrative Hearing Section, Kansas Department of Revenue, P.O. Box 2744, Topeka, KS 66601-2744, or fax it to (785) 296-0275, and pay the $50 hearing fee within the same 14 days; hearings are by telephone unless you ask for in person when you request. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Kansas?

a fourth or later DUI conviction, or a third conviction when there is a prior conviction within the preceding 10 years (not counting time incarcerated), is a severity level 6, nonperson felony