Kansas Ignition Interlock & State DUI Laws

Administrative License Revocation (ALR) Procedures

Kansas DMV (Division of Motor Vehicles)

Kansas is one of 42 states that has implemented ALR, meaning that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. You can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.

Judicial Procedures

In Kansas, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even if it is the first offense.

License Revocation, Fines, and Jail

• First offense – Class B Nonperson Misdemeanor: minimum 48 hours in jail, fines and fees up to $1,000, 100 hours of community service, license suspension for 30 days, and license restriction for 330 days following suspension. Vehicle impounds for up to a year as well as court-ordered treatment programs are possible.
• Second Offense – Class A Nonperson Misdemeanor: 90 days to one year in jail, fines up to $1,500, installation of an interlock device required for one year after suspension, and court-ordered treatment programs. Vehicle impounds for up to a year are possible.
• Third Offense – Class A Nonperson Misdemeanor (Nonperson Felony if within Ten years): 90 days to 1 year in jail (72 consecutive hours must be serviced before work release), fines up to $2,500, one-year license suspension, installation of an interlock device for one year after suspension, and a complete court-ordered treatment program. Vehicle may be impounded for up to 1 year.
• Fourth and subsequent offense – Nonperson Felony: From 180 days to 1 year in jail (144 consecutive hours must be served before work release), Kansas Department of Corrections Post-release Supervision for 1 year, fines up to $2,500, 1-year license suspension, installation of an interlock device for one year after suspension, and a complete court-ordered treatment program. Vehicle may be impounded for up to 1 year.