Kansas has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Kansas DMV (Division of Motor Vehicles)
Kansas is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 30 days. After the suspension period, you will have a restricted license for 330 days allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court-approved locations, and emergencies.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Kansas, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even if it is the first offense.
License Revocation, Fines and Jail
- First offense – Class B Nonperson Misdemeanor: minimum 48 hours in jail, fines and fees up to $1,000, 100 hours of community service, license suspension for 30 days, and license restriction for 330 days following suspension. Vehicle impound for up to a year as well as court-ordered treatment programs are possible.
- Second Offense – Class A Nonperson Misdemeanor: 90 days to one year in jail, fines up to $1,500, installation of an interlock device required for one year after suspension, and court-ordered treatment programs. Vehicle impound for up to a year is possible.
- Third Offense – Class A Nonperson Misdemeanor (Nonperson Felony if within Ten years): 90 days to 1 year in jail (72 consecutive hours must be serviced prior to work release), fines up to $2,500, one-year license suspension, installation of an interlock device for one year after suspension, and a complete court-ordered treatment program. Vehicle may be impounded for up to 1 year.
- Fourth and subsequent offense – Nonperson Felony: From 180 days to 1 year in jail (144 consecutive hours must be served prior to work release), Kansas Department of Corrections Post-release Supervision for 1 year, fines up to $2,500, 1-year license suspension, installation of an interlock device for one year after suspension, and a complete court-ordered treatment program. Vehicle may be impounded for up to 1 year.
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