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Kansas DUI Penalties

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Kansas DUI Penalties
Implied Consent Laws

Blood-Alcohol Concentration

Zero Tolerance Blood Alcohol Concentration

Enhanced Penalty Blood Alcohol Concentration

Administrative License Suspension/Revocation Penalties

Vehicle Confiscation

Ignition Interlock

Mandatory Alcohol Education and Assessment/Treatment


Implied Consent Laws




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Laws call for drivers suspected of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include compulsory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Kansas, any driver with a blood-alcohol absorption - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this substantiation is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In Kansas, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more stern punishment for those convicted of DUI with a particularly high blood-alcohol content at the moment in time of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Kansas.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties forced on drivers with a blood-alcohol concentration above Kansas’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Kansas, for the former DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The punishment of vehicle confiscation for DUI conviction – either permanently or temporarily - is a opportunity in some states, generally for repeat offenders. This is not a penalty option in Kansas.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an alternative in Kansas.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol instruction and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug craving can be required for DUI offenders in Kansas. These steps are often suggested instead of serving a sentence of incarceration or paying fines.

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