Kansas First Offender

You are DUI in Kansas if your blood alcohol level (BAC) is above .08%.

Dui First Offense Penalties:

Jail

48 consecutive hours up to a maximum six (6) months imprisonment, or 100 hours of community service.

Fine/Fees

$500.00 to $1,000.00, plus there is a $150.00 for an alcohol evaluation and another $150 alcohol information school fee. These are separate from the Alcohol and Drug Safety Action Education Program fee noted below. Court costs may also be between $10.00 and $100.00.

Probation

Probation is possible only after you have served at least 48 hours. The terms of probation are just like the terms of diversion: no drinking, do not break the law, go to alcohol school (see Diversion below).

Suspension

Driving privileges are suspended for 30 days and restricted to driving to and from work, during the course of employment, and to school for 330 days. The reinstatement fee is $100.00. There are no hardships or exemptions available. This suspension goes on your driving record.

Test Refusal

Driving privileges are suspended for one year. The reinstatement fee is $400.00.

Diversion

If you have had no DUI or diversion in the last five years, and no accident or injury occurred, you may be a candidate for diversion. Diversion is an agreement or contract between you and the prosecutor in which you agree to accept responsibility for the crime, agree not to violate any laws for one year, not to drink alcohol for one year, not to go to places that serve alcohol (except sporting events and restaurants), and to take random urine samples to insure compliance. You must also attend at least an eight hour alcohol education class, a two hour DUI Victims Panel, and do anything else requested by your alcohol counselor or diversion coordinator. Through diversion, you admit guilt, but are not formally convicted. If you successfully fulfill these requirements, the charges will be dismissed after a year.

Please note that you could still have your driving privileges suspended in the administrative license proceedings.

Commercial Drivers

You are DUI if your BAC is .04% or higher. A first violation is a misdemeanor with a sentence of not less than forty-eight consecutive hours in jail or more than six months and a fine of not less than $200 or more than $500, in addition to penalties that would apply to the DUI law for non-commercial drivers.

A commercial driver will be disqualified from driving a commercial vehicle for not less than one year on the first occurrence.

Under 21

If you are under the age of 21 and your BAC is .08% or higher, your license may be suspended for one year. If you are under the age of 21 and test between .02% and .08%, your license may be suspended for 30 days and restricted for 330 days afterwards. If you refuse a test, your driving privileges may be suspended for one year. If you enter a diversion program, your driving privileges will be suspended for the length of the diversion (usually 12 months).

Alcohol School

You must complete the Alcohol and Drug Safety Action Education Program or an approved treatment program. Cost is generally $150.00.