Kansas DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense
A first DUI in Kansas is classified as a Class B nonperson misdemeanor.
- Jail: 48 hours minimum to 6 months maximum
- Fine: $750 to $1,000 (plus $150 ADSAP fee)
- License suspension: 30 days plus 180 days IID (BAC < 0.15); 1 year plus 1-year IID (BAC ≥ 0.15)
- Substance abuse program: alcohol/drug evaluation and treatment required
- Community service: judge may order 100 hours community service in lieu of jail
- Probation: available
Second offense
- Jail: 90 days (may be paroled to 5 consecutive days; house arrest after 48 consecutive hours) minimum to 1 year maximum
- Fine: $1,250 to $2,500
- License suspension: 1-year suspension plus 1-to-3-year IID restriction
Third and subsequent offenses
- Jail/prison: 90 days minimum to 1 year maximum
- Fine: $1,750 to $2,500
- License suspension: 1-year suspension plus 2-to-3-year IID
- Felony threshold: third offense is a felony if a prior occurred within 10 years; fourth offense is always a felony
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 48 hours–6 months | $750–$1,000 (plus $150 ADSAP fee) | 30 days plus 180 days IID (BAC < 0.15); 1 year plus 1-year IID (BAC ≥ 0.15) | |
| Second DUI | 90 days (may be paroled to 5 consecutive days; house arrest after 48 consecutive hours)–1 year | $1,250–$2,500 | 1-year suspension plus 1-to-3-year IID restriction | |
| Third DUI | 90 days–1 year | $1,750–$2,500 | 1-year suspension plus 2-to-3-year IID |
Lookback period
Kansas uses a lifetime (administrative); criminal offense level uses July 1, 2001 cutoff Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.15 (longer suspension and IID periods)
- Minor passenger under age 14 (child endangerment charges)
- Prior offenses
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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