The Consequences of Drinking and Driving in Kansas: A Breakdown of the Law
Welcome to Kansas, the Sunflower State! Known for its wide open spaces and beautiful scenery, Kansas is a great place to live and visit. However, if you plan on drinking alcohol while in Kansas, it’s essential that you understand the state’s DUI laws and penalties. In this blog post, we will break down everything you need to know about drunk driving in Kansas, including the consequences of getting caught, the penalties for first-time offenders, aggravated DUI offenses, and more.
Introduction to Kansas DUI Laws:
In Kansas, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) level of .08 or higher. The law applies to both drivers and passengers who are operating a vehicle while under the influence of drugs or alcohol. Additionally, Kansas has an implied consent law, which means that by driving on public roads, you automatically give your consent to submit to a chemical test to determine your BAC level if pulled over by police. Refusing to take the test can result in automatic license suspension and other penalties.
The Consequences of Drinking and Driving in Kansas:
If you are convicted of drunk driving in Kansas, you face serious consequences. Even a first-time offense can result in jail time, fines, and license suspension. Here are some examples of potential consequences:
First Offense: Up to six months in jail, $500-$1,000 fine, 30 days to one year license suspension, mandatory installation of ignition interlock device
Second Offense: Up to one year in jail, $1,000-$1,500 fine, two years to three years license suspension, mandatory participation in a drug and alcohol treatment program
Third Offense: Up to one year in prison, $2,500-$5,000 fine, four years to five years license suspension, mandatory participation in a drug and alcohol treatment program
Penalties for First-Time Offenders:
As mentioned above, even a first-time offender faces significant penalties in Kansas. If you have a BAC level between .08 and .149, you may be charged with a class B misdemeanor, which carries up to six months in jail and a maximum fine of $1,000. If your BAC level is .15 or higher, you could be charged with a class A misdemeanor, which carries up to one year in jail and a maximum fine of $2,500. You also face a minimum 30 day license suspension and must install an ignition interlock device in your vehicle before you can drive again.
Aggravated DUI Offenses and Their Penalties:
Kansas considers certain factors “aggravating” when it comes to drunk driving offenses. These include having a minor in the vehicle at the time of the offense, causing property damage or injury while driving under the influence, and having a prior DUI conviction within the past ten years. If any of these factors apply, you could be facing harsher penalties, including longer periods of license suspension, larger fines, and even felony charges. For example, a second DUI offense within ten years is considered a Class A nonperson misdemeanor, which carries up to one year in jail and a maximum fine of $2,500.
Understanding the Implied Consent Law:
All states have an implied consent law, which means that by driving on public roads, you agree to submit to a chemical test to determine your BAC level if suspected of drunk driving. In Kansas, refusal to take the test results in immediate license suspension for 60 days to one year, depending on whether it’s your first or subsequent offense. Additionally, evidence of your refusal can be used against you in court. It’s always best to cooperate with law enforcement and take the test if asked.
Conclusion:
Drinking and driving is never worth the risk. Not only do you put yourself and others in danger, but you also face serious legal consequences if caught. Remember, in Kansas, the legal limit is .08, so don’t chance it. Plan ahead and designate a driver or call a ride-sharing service if you plan on drinking. Stay safe out there!
