Kansas · DUI · Checked October 2026
Kansas DUI Penalties: First, Second and Third Offense
Kansas DUI Penalties: What Are the Rules?
Kansas sets DUI penalties by offense, and they rise with each conviction.
- 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
Kansas DUI Penalties by 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) |
Other First Offense Penalties in Kansas
- alcohol and drug evaluation before sentencing; must follow the provider's recommendations unless the court orders otherwise
- court may allow community service in place of the fine at $5 credit per hour
Other Second Offense Penalties in Kansas
- alcohol and drug evaluation before sentencing
Other Third Offense Penalties in Kansas
- a third conviction is a severity level 6, nonperson felony if the person has a prior conviction within the preceding 10 years, not counting time incarcerated
- one year of mandatory supervision after imprisonment for a misdemeanor third conviction
When Penalties Are Higher in Kansas
- 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 minimum
- 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 years
- fourth or subsequent conviction: severity level 6, nonperson felony; at least 30 days of confinement as a condition of probation
When a DUI Is 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 felonyK.S.A. 8-1567(b)(1)(D)-(E)
How Far Back Prior Offenses Count in Kansas
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 yearsK.S.A. 8-1567(i), (b)(1)(D)
More on DUI Law in Kansas
See the full overview of DUI laws in Kansas and read about first-offense DUI penalties across the states.
This page summarizes Kansas law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in Kansas?
Jail: 90 days to 1 year; at least 120 hours of confinement (including at least 48 hours of imprisonment) as a condition of probation. Fine: $1,250 to $1,750. License suspension: 1 year, then 1 year of interlock-only driving (2 years if BAC 0.15 or more).
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