Drunk and drugged driving laws in Kansas

By the end of this topic you can

• You can state the legal BAC limits for adults and for drivers under 21.
• You can explain the Kansas implied consent law and what refusing a test means.
• You can describe the license and court penalties for a first DUI.
• You can explain why prescription and other drugs can also lead to a DUI.

What you need to know and understand

• DUI includes a BAC of 0.08 or more, or being impaired by alcohol, drugs or both to the point you cannot drive safely.
• Drivers under 21 may not drive with a BAC of 0.02 or more.
• Under 21, a test result from 0.02 up to under 0.08 means a 30-day suspension on a first occurrence and one year on a second.
• By driving in Kansas you have agreed to take a breath or blood test when lawfully asked: this is implied consent.
• A first test refusal brings a one-year suspension, followed by two years in which you may drive only a vehicle with an ignition interlock.
• A first DUI conviction carries 48 hours to six months in jail, or 100 hours of public service at the court's discretion, and a fine of $750 to $1,000.
• Being legally entitled to use a drug is not a defense to a drugged driving charge.

Two limits, one safe choice

For adults, a BAC of 0.08 or more measured within three hours of driving is enough for a DUI, but you can be convicted at a lower level if alcohol has made you unable to drive safely. For drivers under 21, Kansas sets a 0.02 limit, so even one drink can put your license at risk.

Only time lowers BAC. Coffee, cold showers and fresh air do not. The only safe plan is not to drink or use drugs at all before driving.

What happens after a stop

1. An officer who has reasonable grounds may ask you to take a breath or blood test.
2. If you refuse, KDOR suspends your driving privileges: one year on a first refusal, followed by an ignition interlock restriction.
3. If you fail the test as an adult, a first occurrence brings a 30-day suspension followed by restricted driving.
4. Higher results, 0.15 or more, carry increased penalties.
5. Separately, a court can impose jail, public service and fines if you are convicted.

Drugs, medicines and open containers

Kansas DUI law covers any drug or combination of drugs that makes you incapable of driving safely, including medicines taken as prescribed. Read the label and ask a pharmacist if a medicine causes drowsiness. The handbook also lists transporting an open container of alcohol as grounds for suspension, so keep any alcohol sealed and out of reach.

Common mistakes

• Thinking one beer is fine at 19. The under-21 limit of 0.02 can be reached with very little alcohol.
• Refusing a test to avoid a DUI. Refusal brings its own one-year suspension.
• Driving after taking a medicine that warns about drowsiness.
• Waiting a short while and assuming you have sobered up. Only time works, and it takes hours.

Test yourself: Drunk and drugged driving laws in Kansas

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Kansas 50 Hour Supervised Driving Affidavit
• Kansas Driving Test and the Driver’s Ed Waiver
• Kansas Farm Permit for Teen Drivers