03 Jun DUI Laws in Kansas and Penalties
In the state of Kansas, driving under the influence of either alcohol or drugs is entirely against the law. The DUI laws in Kansas cover Kansas blood alcohol limits, procedures of testing, and criminal and administrative penalties for driving under the influence.
When is a Driver Considered to be Drunk in Kansas?
In Kansas, if a driver is caught with a BAC (Blood Alcohol Consumption) Limit that reaches 0.08% or higher, this indicates that the person is driving while under the influence. This is called a “per se” BAC limit DUI laws Kansas which mean that no other evidence is required to support the DUI conviction.
For drivers who are underage, the BAC limit is 0.02%. This is known as the “zero-tolerance law.” The Kansas liquor law states to curb and to punish underage drinking and driving.
Kansas DUI Penalties
Drunk driving penalties in Kansas do not only depend on the evidence obtained or the BAC limit, but it also depends on your driving records, criminal history, and prior convictions related to drunk driving.
Kansas DUI penalties and arrests lead to two separate aspects of your case: the criminal proceedings and the administrative proceedings. The criminal proceedings are resolved in the municipal or the district court where the case is charged, and it further leads to fines or jail time. On the other hand, the administrative proceedings can result in your driving Kansas DUI license suspension.
At the administrative level, suspension depends on many factors. It could be whether you failed the chemical test or whether you refused to submit it. It could also be your first or your subsequent failure in the test. Depending on these factors, the time of your suspension could vary from 30 days to permanent revocation of your driving privileges.
Kansas DUI cases in criminal court can lead to fines, jail time, and court-ordered suspension of your driving privileges and even impoundment of your vehicle. The amount of fine and the time period of your jail sentence depends on whether you have had a prior encounter with DUI.
Kansas First DUI Offense
A first offense DUI in Kansas is a Class B misdemeanor offense. The potential sentence will not be more than six months in jail. The fine will range somewhere from $750 `to $1,000.
A second conviction is a Class A misdemeanor offense. The minimum sentence if 90 days in jail and a maximum of one full year. The fine ranges from $1,250 to $1,750.
If you have two prior DUI convictions and both of them took place in the last ten years, then your third conviction is still scored as Class A. The minimum sentence is 90 days in jail and can reach up to a year. The fine ranges from $1,750 to $2,500.
If you have two convictions, and if one of them occurred in the past ten years, then your third conviction is an “unscored felony.” The sentence and the fine remains the same.
Kansas Liquor Laws
Kansas alcohol laws divide the term alcohol into six categories that are regulated in a different manner. “Alcoholic liquor” includes spirits, wine, and beer that have more than 3.2% alcohol. A “cereal malt beverage” is a beer that contains less than 3.2% alcohol. A “nonalcoholic malt beverage” is a beer with less than 0.5% alcohol. “Domestic table wine” is a wine that contains 14% or less alcohol that is manufactured from products grown in Kansas. “Domestic fortified wine” is a wine that has alcohol between 14% and 20%. “Domestic beer” contains 8% or less alcohol.
- All liquor sales have a 10% “drink tax” on receipts of any business that sells liquor.
- Alcohol in Kansas is distributed from manufacturer to distributor to retailer.
- Off-premises liquor sale is allowed only in licensed liquor stores.
- Grocery stores and gas stations can sell CMB.
- Sales are not permitted on Memorial Day, Independence Day, Labor Day, Easter, Thanksgiving, and Christmas. Sales are prohibited between 11 PM to 9 AM.
- Any retail liquor store is not allowed to be located within 200 feet of a school, college, or church.
It is illegal for anyone under the age of 21 to possess, consume, purchase or obtain liquor or cereal malt in Kansas, except for as authorized by the law.