How to Get Your License Back After a DUI in Kansas

Kansas law (K.S.A. §8-1567) defines driving under the influence (DUI) as having a blood or alcohol content of 0.08 or higher within three hours of driving a vehicle. This constitutes a serious infraction under Kansas law, carrying potential criminal penalties and loss of driving privileges.

Being arrested for a Kansas DUI violation (BAC between 0.08% and 0.149%) may result in an automatic 30-day license revocation by the Kansas Department of Revenue's Driver Solutions Bureau, followed by a 330-day period in which the motorist may only operate a vehicle with an ignition interlock device (IID).

Step 1: Know the Terms of Your Suspension

According to the Kansas Department of Revenue's Division of Vehicles rules, restricted driving privileges (with ignition interlock device) usually begin 45 to 60 days after the suspension starts. The table below highlights the different suspension and mandatory waiting periods based on drivers' offense types:

Under-21 drivers in Kansas are subject to a zero-tolerance policy. Therefore, any detected blood alcohol concentration of 0.02% or higher automatically triggers a license suspension.

Step 2: Fulfill Court and DMV Requirements

In Kansas, the Department of Revenue's Division of Vehicles often issues an administrative suspension after a driver fails or refuses chemical testing.

The process leading to a DMV suspension is based on civil action, which considers evidence such as test results or refusal, rather than criminal guilt. The penalty targets the offender's driving privilege.

The Kansas Division of Vehicles typically only needs to be 50% certain that a driver committed a DUI infraction to issue an administrative license suspension. In contrast, the courts typically have to attain reasonable certainty before imposing DUI conviction punishments.

In contrast, a judge may impose a court-ordered suspension for Kansas DUI offenses. These criminal penalties are frequently part of the legal punishment for driving under the influence violations, and they differ from the Division of Vehicles' administrative hearing process.

Step 3: Complete a DUI Education or Treatment Program

Under Kansas law, anyone accused or convicted of intoxicated driving typically has to complete a state-approved alcohol and drug education or treatment program as part of the criteria for license reinstatement or court sentencing. The following section focuses on some of these programs:

Level 1 - Alcohol and Drug Safety Action Program (ADSAP): This court-mandated program for first-time offenders includes at least 20 hours of alcohol education. Offenders generally have to participate in this program through a state-certified provider, which usually costs between $100 and $150, depending on the provider.

Online DUI Education (8-20 hrs): Kansas courts may accept online DUI programs lasting 8 to 20 hours for first-time offenders. These programs typically cost roughly $139 for an 8-hour session; however, potential registrants must generally first check the program's acceptance with the court or probation officer, as approval varies by county.

Outpatient Counseling: The court often orders this treatment for offenders engaging in diversion programs or with multiple offenses based on the results of a substance use evaluation completed by a professional addiction counselor. Outpatient counseling may span several weeks or months, depending on the individual's specific needs, and typically involves regular sessions with a qualified counselor or participation in a structured treatment program. The assessment fee for the program usually starts at $150.

Regardless of the education or treatment program, participants must generally complete the program through a state-approved provider and ensure that a certificate of completion is submitted to both the court and the Department of Revenue. Without this documentation, driving privileges may not be reinstated, and fresh charges may be filed against the individual.

Step 4: Get SR-22 Insurance or Equivalent

In Kansas, SR22 is a form of insurance for drivers with specific traffic violations, such as DUI, vehicular homicide, or failure to maintain liability coverage. Possessing the SR22 insurance policy demonstrates to the Kansas Department of Vehicles that a driver has adequate liability coverage in the event of any future traffic-related events. SR-22 premiums are often higher than normal liability coverage, as most insurers view these drivers as "problematic". The Kansas Department of Vehicles expects drivers who need SR-22 to maintain it for 12 months. Failure to maintain coverage may result in additional fines, such as limited driving privileges or being barred from renewing car registrations.

Step 5: Pay Reinstatement Fees

The Kansas Division of Vehicles does not have a fixed reinstatement fee; the cost of reinstating driving privileges varies depending on the frequency and type of DUI offenses:

• 1st DUI / test failure: $200
• 2nd DUI: $400
• 3rd DUI: $600
• 4th or more DUI: $800
• 1st refusal to test: $600
• 2nd refusal: $900
• 3rd refusal: $1,200
• 4th refusal: $1,500
• 5th or more refusal: $1,500

In addition to the above payments, applicants must generally meet any ignition interlock device requirements, SR-22 filings, and related fines.

Several payment methods are available to individuals wishing to pay reinstatement fees in Kansas. They may pay online via the Driver's License Reinstatement Payment portal. The site accepts credit/debit cards and electronic checks. Applicants may also make payments in person at the Driver Solutions Bureau in Topeka, Wichita, or Mission. These locations accept cash, checks, money orders, and major credit and debit cards. Alternatively, individuals may send their checks or money orders to the Driver Control Bureau.

Step 6: Submit Your License Reinstatement Application

In Kansas, the following channels are available to individuals wishing to submit their license reinstatement application:

Online: Applicants may log in with their details (name, DOB, license number) on the Kansas Department of Revenue site's Driver License Reinstatement portal. The portal allows users to pay the required reinstatement fees and upload documents.

In-Person: Applicants possessing completed forms, proof of payment, SR-22 certificate, education completion certificate, and more may visit a Driver Solutions Office to submit their application. The Required Documents and Appointment Scheduling page on the Department of Revenue's website provides applicants with a comprehensive checklist of necessary paperwork.

By Mail: Applicants may send required forms, such as DC-1015 (for restricted licenses), payment (check or money order), and supporting documents to the Division of Vehicles - Driver Solutions Bureau

What If You're Denied License Reinstatement in Kansas?

In Kansas, the Division of Vehicle Driver Solutions Bureau may deny an application to reinstate driving privileges for various reasons. These include incomplete reinstatement requirements, such as non-installation of an ignition interlock device (IID), unpaid reinstatement fees, or absence of evidence of ADSAP or other court-ordered education or counseling. Similarly, expired or invalid SR-22 insurance and outstanding court obligations may also result in denial.

Applicants who believe they were wrongly denied have the right to request an administrative review by the Division of Vehicles. They must generally make such a request within 10 days of receiving the denial notice.

Hardship Licenses: Driving with Limited Privileges

In Kansas, a hardship license, or a limited restricted license, offers suspended drivers partial driving privileges for commuting to and from work, school, or alcohol treatment programs.

Under Kansas DUI laws, holders of hardship licenses are only permitted to drive vehicles fitted with an Ignition Interlock Device (IID). Drivers whose licenses were suspended for DUI convictions, BAC test failures, or BAC test refusals may apply for a hardship license (with installation of an IID) instead of facing the required 12-month license suspension. However, they must generally serve either 45 days (for failed chemical tests) or 90 days (for test refusal) before being eligible to apply for restricted driving privileges.

In addition to serving the mandatory suspension, drivers must generally complete necessary actions such as SR-22 insurance, paying reinstatement fees, and any required DUI education or treatment. Thereafter, they typically submit a completed Application for Limited Driving Privilege (Form DC-1015) to the Kansas Department of Revenue (Division of Vehicles).

How Long Does It Take to Get Your License Back After a DUI?

The timeline for reinstating an individual's driving privileges in Kansas after an intoxication offense depends on their offense history, compliance with requirements, and participation in a restricted license program. The following table outlines the timeline for drivers who promptly fulfill all requirements: