Second Offense DUI in Kansas

In Kansas, DUI (Driving Under the Influence) is the official term for impaired driving or drunk driving offenses. Per Kansas Statute §8-1567, a second DUI refers to arrests for driving under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08% or higher, within 10 years of a prior DUI arrest. Under K.S.A. §8-1001, a person can also be charged with a DUI offense if they are impaired to a degree that renders them incapable of safely operating a vehicle, even without a specific BAC measurement, or if they refuse a chemical test.

Under the law, a second DUI in Kansas is charged as a Class A nonperson misdemeanor with harsher penalties than a first DUI. These include 90 days to 1 year incarceration, fines between $1,250 and $1,750, mandatory IID, etc. Stricter penalties for second DUI convictions aim to deter and decrease repeat offenses while promoting public safety.

Is a 2nd DUI a Felony in Kansas?

No. In Kansas, a second DUI is a Class A misdemeanor under Kansas Statute §8-1567(b)(1)(B). However, if a second DUI results in serious injury or death, the driver may face felony charges such as vehicular battery (Level 5 felony) or involuntary manslaughter (Level 4 felony) under the law. Additionally, while factors like a high BAC (e.g., 0.15% or above) do not elevate the charge beyond a misdemeanor DUI, they can increase the penalties closer to or at the allowable maximum.

What is the Lookback Period for a Second DUI in Kansas?

Kansas operates a 10-year lookback period for DUI offenses. This means a DUI arrest within 10 years of a first DUI is considered a second DUI, with stricter penalties. A second DUI is classified as a Class A nonperson misdemeanor. While Kansas law does not explicitly define a lookback period, the 10-year is upheld through case law and administrative guidelines.

What are Aggravating Factors in a Second DUI?

In Kansas, aggravating factors in second DUI offenses refer to circumstances or behaviors that can lead to severe penalties, including felony charges, extended prison sentences, higher fines, extended license suspension, and longer IID periods. These circumstances include:

• A Blood Alcohol Concentration (BAC) of 0.15% or higher
• Driving with a passenger under 14 years old
• The DUI leading to accidents resulting in injuries or death
• Refusal to submit to a chemical test (breath, blood, or urine test)
• Driving on a suspended or revoked license
• Multiple DUI convictions
• Excessive speeding (20 mph or more over the speed limit)
• Reckless driving

What Happens If You Get a 2nd DUI/DWI in Kansas

Possible consequences of a second DUI in Kansas include:

• 90 days to one year in jail
• A fine of at least $1,250 and up to $1,750
• 1-year driver's license suspension
• Mandatory Ignition Interlock Device (IID) for 1-3 years after license reinstatement
• Probation, including alcohol treatment/evaluation
• Criminal record
• Higher insurance premiums

How Long Does a Second DUI Stay On Your Record in Kansas?

A DUI conviction stays on criminal records indefinitely in Kansas unless expunged. While a DUI remains permanently on a driving record, it can be expunged from criminal records. Under K.S.A. 21-6614, expungement of a DUI from a person's record is possible after five years for a first-time DUI and 10 years for subsequent DUI offenses. Until then, a DUI can affect employment opportunities, housing opportunities, licensing, and reputation, as it remains visible to employers, landlords, and law enforcement.

How Much Does a Second DUI Cost in Kansas

In Kansas, a second DUI offense within 10 years of a previous conviction costs an average of $4,000 to $10,000, depending on the absence or presence of factors such as a BAC of 0.15% or higher, driving with a child passenger under 14 years old, refusal to submit to chemical tests, accidents resulting in injury or death, etc. Apart from fines of between $1,250 and $1,750, other financial costs include:

• Legal fees: $1500+
• Court costs, probation, and evaluation fees: $500–$1,000
• IID installation and monitoring fees: $75–$150 per month
• License reinstatement fee: $200
• Alcohol and drug treatment program: $500–$2,000
• Auto insurance premiums: additional $1000+ to insurance premiums

Chances of Going to Jail for a Second DUI in Kansas

A second DUI in Kansas carries a mandatory jail sentence of 90 days to 1 year. However, Kansas law allows offenders to serve a minimum of five consecutive days in jail, and then the rest of the jail time can be served through house arrest or work release. Note that aggravating factors in a second DUI, such as high BAC, refusal to take a chemical test, or causing injury or death, can lead to longer incarceration and stricter sentencing terms.

Driver's License Suspension for a Second DUI in Kansas

A second DUI conviction in Kansas results in a one-year driver's license suspension. After the suspension, the offender's driving privileges are limited, for one to three years, to operating a motor vehicle equipped with an ignition interlock device (IID), as outlined under K.S.A. 8-1014.

Nonetheless, after serving 45 days of the suspension, DUI offenders in Kansas may apply for a restricted license, which allows limited driving for work, school, hospital, probation meetings, or alcohol treatment programs, provided they install an IID or enroll in or complete an alcohol treatment or education program.

Ignition Interlock Device Requirement

Under Kansas law (K.S.A. 8-1014), a second DUI conviction leads to the mandatory use of an Ignition Interlock Device (IID) for 1-3 years. The court may typically extend an IID use period based on aggravating factors, such as a BAC of 0.15% or greater, refusal to take a chemical test, etc.

An IID is a breathalyzer device installed in a vehicle's ignition system that requires the driver to provide a breath sample before starting the vehicle, and if alcohol is detected, the vehicle will not start. Random retests may be conducted while driving. A DUI violator is responsible for the costs associated with the IID, including installation, monthly monitoring, maintenance, and removal fees.

Tampering with the IID, bypassing it, or having someone else provide a breath sample is illegal under K.S.A. 8-1017 and may result in an extended IID period, fines, or incarceration.

DUI School and Substance Abuse Treatment

Individuals convicted of a second DUI offense must complete an Alcohol and Drug Information School (ADIS) or a court-approved program to regain driving privileges. Also, Kansas law mandates a substance abuse evaluation for second DUI offenders. Based on the results, individuals may be required to undergo outpatient counseling, rehabilitation programs, and alcohol/drug dependency treatment.

Probation Conditions

After a second DUI, probation is typically imposed with strict conditions to monitor offenders and support rehabilitation. The probation terms typically include, but are not limited to:

• Regular meetings with a probation officer
• Abstinence from alcohol, which may be enforced through random testing
• Travel restrictions
• Installation of Ignition Interlock Device (IID)
• Compliance with court-ordered programs (DUI education, substance abuse evaluation, and treatment)

Community Service Requirements

While community service is not required by law for a second DUI in Kansas, it can be part of the sentencing or probation conditions. Community service activities may include public cleanup efforts, volunteer work (with NGOs, food banks, or shelters), educational outreach, etc.

Impact on Auto Insurance

A second DUI conviction in Kansas may impact auto insurance, as it leads to higher premiums, policy cancellation, or non-renewal, owing to repeat DUI offenders being considered high-risk.

Additionally, the Kansas Department of Revenue requires an SR-22 form as proof of financial responsibility for reinstating the driving privileges of repeat DUI offenders. This also gives insurers justification for premium increases.

Which Courts Handle DUI Cases in Kansas?

In Kansas, municipal courts handle first-time misdemeanor DUI cases, and district courts handle repeat DUI offenses and cases involving deaths, serious injuries, or other aggravating factors that can lead to felony charges.

The following is the contact information for five key courts in Kansas that handle DUI cases:

Sedgwick County District Court (18th Judicial District)
535 N. Main
Wichita, KS 67203
Phone: (316) 660-5900
Website: Sedgwick County District Court.

Johnson County District Court (10th Judicial District)
150 West Santa Fe Street
Olathe, KS 66061
Phone: (913) 715-3300
Website: Johnson County District Court.

Shawnee County District Court (3rd Judicial District)
200 Southeast 7th Street
Topeka, KS 66603
Phone: (785) 251-6700
Website: Shawnee County District Court.

Douglas County District Court (7th Judicial District)
111 East 11th Street
Lawrence, KS 66044
Phone: (785) 832-5256
Website: Douglas County District Court.

Wyandotte County District Court (29th Judicial District)
710 North 7th Street
Kansas City, KS 66101
Phone: (913) 573-2940
Website: Wyandotte County District Court.

The Kansas Department of Revenue's Division of Vehicles handles administrative actions related to DUI offenses, including license suspensions, reinstatements, and administrative hearings.

Contact Information:
Driver Control:
Phone: (785) 296-3671
Email: kdor_dc@ks.gov
Website: Driver Control Contact

Administrative Hearings:
Phone: (785) 296-6911
Fax: (785) 296-0275
Website: Administrative Hearing Information.

Can You Get a DUI on a Horse in Kansas?

No. Kansas DUI laws apply only to motor vehicles, so an intoxicated rider on a horse cannot be charged under K.S.A. 8-1567. However, they may face charges for reckless conduct, public intoxication, or animal cruelty due to their actions.