Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Kansas, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN KANSAS

In Kansas the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Kansas license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year. Your license will be suspended or revoked, if you convicted of DUI/DWI. The punishment will depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Class B non person Misdemeanor and may result in imprisonment for 48 consecutive hours to 6 months and/or up to a $500 - $1000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Your driving privileges will be suspended for 30 days and restricted for 330 days thereafter.
   • The court may order 100 hours of community service instead of imprisonment.
   • You will have to undergo an alcohol and drug abuse treatment program.
   • For BAC of 0.15 or over, driving privileges will be suspended for one year and restricted to driving with ignition interlock device for one year thereafter.
2. The second offense or two offenses is treated as a Class A non person Misdemeanor and may result in imprisonment for 90 days to one year and/or up to a $1000- $1500 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Your driving privileges will be suspended for one year and you will have interlock restrictions for one year thereafter.
   • Minimum imprisonment is five days but after 48 hours the judge can order the remaining sentence to be completed in a work release program or on house arrest.
   • You will have to undergo an alcohol and drug abuse treatment program.
   • For BAC of 0.15 or over, driving privileges will be suspended for two years.
3. The third offense or three offenses is treated as a non person Felony and may result in imprisonment for 90 days- one year and/or $1500- $2500 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Your driving privileges will be suspended for one year and you will have interlock restrictions for one year thereafter.
5. Mandatory imprisonment is ninety days but after 48 hours the judge can order the remaining sentence to be completed on house arrest or in a work release program or on house arrest. You may also have to serve the sentence in a state approved correction facility and undergo a substance abuse program.
6. You will have to complete an alcohol and drug abuse treatment program as a prerequisite for parole.
7. For BAC of 0.15 or over, driving privileges will be suspended for three years.
8. The fourth offense is treated as a non person Felony and may result in imprisonment for 90 days to one year and/or up to a $2500 fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
9. Your driving privileges will be suspended for a year and you will have interlock restrictions for one year thereafter.
10. For fourth and subsequent DUI, the minimum imprisonment is 90 days you may be eligible for probation, parole or sentence suspension or reduction thereafter. You may also have to serve the sentence in a state approved correction facility and undergo an alcohol and drug abuse treatment program.
11. Your vehicle license plate or temporary registration certificate may be revoked for one year.
12. For BAC of 0.15 or over, driving privileges will be suspended for ten years.
13. The fifth offense may result in imprisonment between. Also, if convicted for the fifth or subsequent offenses of DWI, DUID or BAC:
14. Your driving privileges will be revoked permanently.
15. For BAC of 0.15 or over, driving privileges will be suspended.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. BAC between 0.02 and 0.079 does not involve any penalties but driving privileges may be suspended.
2. The license may be suspended for 30 days after the first conviction, for one year after the second and subsequent conviction for BAC 0.02 or more but under 0.08.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if you have any detectable alcohol level under 0.04%.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will lose your CDL for life if you have a second DUI conviction in your personal vehicle.
4. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Kansas laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Kansas driver license and issue a DC-27 form notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Division of Motor Vehicles.

The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous driving record. If he has any alcohol related convictions or suspensions, his license will be suspended or revoked, and if not, then it will be suspended or revoked. The suspension or revocation begins 30 days after the final order of the hearing officer is mailed from the Division of Motor Vehicles.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Division of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the alcohol and drug abuse treatment program or a comparable program (the agency will send the proof to the DMV once you have completed the program), pay the reinstatement fee, and maintain proof of financial responsibility (SR-22), if required.
2. If you are being convicted for DUI/ DWI, the court may order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
3. You can submit the reinstatement application and fees in person at a Division of Motor Vehicles office near you:

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• If you are accompanied by one or more children under 14 when caught for DUI, it will lead to your punishment being increased by one month which has to be served consecutively with any other punishment.
• Your vehicle may be impounded or immobilised for one year and you will have to bear the towing, storage and impoundment fees or other immobilization costs.
• A person who is restricted to operate only a vehicle that has an installed ignition interlock device may operate an employer's vehicle that does not have an ignition interlock device during normal business hours, only if the person does not entirely or partly control or own the employer's business or vehicle.