State service guide

Kansas DUI laws: 14-day hearing deadlines, refusal-versus-failure splits, a 0.15 BAC escalator, and ignition-interlock-heavy license penalties

Kansas DUI law runs on two linked tracks: the criminal DUI case under K.S.A. 8-1567 and the Division of Vehicles license action under K.S.A. 8-1014 and 8-1020. Adult DUI covers a 0.08 BAC, a 0.08 BAC measured within three hours, alcohol impairment, drug impairment, and combined alcohol-and-drug impairment. The most useful Kansas details are the 14-day hearing deadline, the much harsher license result for a test refusal, the first-occurrence escalation when BAC is 0.15 or greater, and the separate under-21 rule that starts at 0.02 BAC.

Open official source View Kansas services
Hearing deadline Kansas gives 14 calendar days to request an alcohol-related administrative hearing, plus 3 extra days if the officer's certification was served by mail
First refusal A first test refusal brings a 1-year suspension followed by 2 years of ignition interlock restriction
First failed test or conviction A first failure or alcohol-related conviction usually means 30 days suspended, then 180 days of ignition interlock, but some prior record history pushes that restriction to 1 year
High-BAC first occurrence If the failure or conviction involves a 0.15 or greater blood or breath alcohol concentration, Kansas uses a 1-year suspension followed by 1 year of ignition interlock

Overview

What this page helps you verify

A practical Kansas DUI page should lead with track separation and occurrence type. The official Kansas sources show that the court case and the license case do not collapse into one proceeding, and the administrative result does not wait for the criminal case to finish. Kansas also does not use one flat first-offense chart. The answer changes depending on whether the driver refused testing, failed testing, was later convicted, triggered the 0.15-or-greater enhancement, or is under 21.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The officer's certification, notice of suspension, temporary driving document, and any breath or blood test paperwork from the stop
  • Your court paperwork and any charging or diversion documents tied to the DUI case
  • If you want an administrative hearing, a written request with your full name, driver's license number, date of birth, telephone number, current address, and whether you want the certifying officer subpoenaed, plus the $50 hearing fee
  • Proof of ignition interlock installation if you will drive under restriction or if you apply to modify the suspension period to ignition-interlock driving
  • Any alcohol and drug evaluation or treatment-compliance records required by the court or later required for full reinstatement

Typical flow

What the process often looks like

  1. Treat the Kansas court case and the Kansas license case as separate problems immediately, because the state says the criminal disposition does not control the administrative suspension or restriction.
  2. Identify which Kansas branch you are in first: test refusal, failed test, conviction, 0.15-or-greater case, or under-21 alcohol case, because the suspension and interlock timelines change across those branches.
  3. If you plan to challenge the administrative action, send the hearing request within 14 calendar days and decide at that same time whether you need the certifying officer subpoenaed.
  4. If the suspension will stand, check early whether you qualify to apply for ignition-interlock driving during the suspension period instead of waiting until the suspension is already active.
  5. Track the court-ordered evaluation or treatment requirements and maintain any required ignition interlock proof through the full restriction period before expecting full Kansas reinstatement.

What counts as DUI

Kansas DUI law covers more than a simple 0.08 BAC chart

The official statute defines multiple ways to commit the offense.

  • Kansas treats DUI as operating or attempting to operate a vehicle with a 0.08 or greater blood or breath alcohol concentration, with a 0.08 or greater result measured within three hours, while impaired by alcohol, while impaired by drugs, or while impaired by a combination of alcohol and drugs.
  • Kansas implied-consent law separately allows officers to require one or more tests when they have probable cause and the driver has been arrested, taken into custody, or involved in a qualifying crash.
  • Because the statute includes drugs and combination impairment, a Kansas DUI page should not be written as if the state only cares about alcohol breath results.

Hearings and timing

Kansas gives a short 14-day window to challenge the alcohol-related license action

This is the main operational deadline on the page.

  • The Kansas Department of Revenue says the hearing request must be mailed or faxed within 14 calendar days after service of the officer's certification, with 3 extra days if service was by mail.
  • Kansas charges a $50 hearing fee, and the hearing request must also say whether you want the certifying officer subpoenaed.
  • The hearing page says constitutional issues cannot be decided in the administrative hearing itself, but they can be preserved for district-court review.
  • Kansas statute also says the facts found in the administrative process are independent of the criminal case, and the criminal disposition does not affect the suspension or restriction imposed under the administrative law.

License consequences

Kansas license penalties turn on refusal, failure, conviction, and BAC level rather than on one generic first-offense rule

This is where most generic DUI articles flatten the Kansas system too much.

  • A first test refusal causes a 1-year suspension followed by 2 years of ignition interlock restriction, and later refusals add even longer interlock periods.
  • A first failed test or alcohol-related conviction usually causes 30 days of suspension followed by 180 days of ignition interlock, but the restriction becomes 1 year if the Division's records already show certain prior alcohol, moving-violation, or withdrawal history.
  • If the failed test or conviction involves a 0.15 or greater blood or breath alcohol concentration, Kansas escalates the first occurrence to a 1-year suspension followed by 1 year of ignition interlock.
  • Kansas also says suspension periods from a refusal, failure, or conviction arising from the same arrest do not stack beyond the longest applicable suspension period.

Criminal penalties

Kansas repeat-crime exposure rises fast, and the third-conviction line needs careful reading

The criminal side is more nuanced than a simple misdemeanor-then-felony ladder.

  • A first Kansas DUI conviction is a class B nonperson misdemeanor with 48 consecutive hours to 6 months in jail, or 100 hours of public service in the court's discretion, plus a $750 to $1,000 fine.
  • A second conviction is a class A nonperson misdemeanor with 90 days to 1 year in jail, a $1,250 to $1,750 fine, and at least 120 hours of confinement as a probation condition.
  • A third conviction remains a class A nonperson misdemeanor unless the person has a prior conviction within the preceding 10 years excluding incarceration time, in which case the third conviction becomes a severity level 6 nonperson felony.
  • A fourth or subsequent conviction is a severity level 6 nonperson felony.
  • Kansas also limits a person to one DUI diversion in a lifetime.

Under 21

Kansas under-21 alcohol driving law starts at 0.02, not 0.08

That lower threshold is one of the most important Kansas-specific details for younger drivers.

  • Kansas makes it unlawful for a person under 21 to operate or attempt to operate a vehicle with a breath or blood alcohol content of 0.02 or greater.
  • For a first under-21 occurrence between 0.02 and 0.08, Kansas uses a 30-day suspension followed by 180 days of restriction under K.S.A. 8-1015.
  • A second or subsequent under-21 occurrence in that 0.02-to-less-than-0.08 range causes a 1-year suspension.
  • The under-21 rule is separate from the adult 0.08 DUI framework, so Kansas content should not imply that drivers under 21 are safe until they reach the adult threshold.

Accuracy notes

Where people get tripped up

  • Do not flatten Kansas into one generic first-offense DUI chart. The license result changes materially based on refusal, failed test, conviction, and whether the BAC was 0.15 or greater.
  • Keep the criminal case and the administrative license case separate. Kansas expressly says the criminal disposition does not control the administrative suspension or restriction.
  • Kansas under-21 alcohol-driving content should use the 0.02 threshold, not the adult 0.08 threshold.
  • When summarizing first-occurrence Kansas license penalties, preserve the 180-day-versus-1-year ignition interlock split under K.S.A. 8-1015 instead of defaulting to one number.

FAQ

Common questions

  • What counts as DUI in Kansas?

    Kansas treats DUI as operating or attempting to operate a vehicle with a 0.08 or greater alcohol concentration, a 0.08 or greater result measured within three hours, alcohol impairment, drug impairment, or combined alcohol-and-drug impairment.

  • How long do I have to request a Kansas DUI administrative hearing?

    Kansas says you have 14 calendar days after service of the officer's certification to request the hearing. If service was by mail, Kansas gives an additional 3 days.

  • What happens to my Kansas license on a first DUI-related occurrence?

    It depends on the branch. A first test refusal causes a 1-year suspension followed by 2 years of ignition interlock. A first failed test or alcohol-related conviction usually causes 30 days of suspension followed by 180 days of ignition interlock, though some prior record history increases that first restriction to 1 year. A first 0.15-or-greater failure or conviction causes a 1-year suspension followed by 1 year of ignition interlock.

  • Can the Kansas license case continue even if the criminal DUI case is still pending?

    Yes. Kansas statute says the administrative findings are independent of the criminal case and that the criminal disposition does not affect the suspension or restriction imposed under the administrative law.

  • What is the Kansas under-21 alcohol-driving rule?

    Kansas makes it unlawful for a driver under 21 to operate or attempt to operate a vehicle with a 0.02 or greater breath or blood alcohol concentration. On a first 0.02-to-less-than-0.08 occurrence, Kansas uses a 30-day suspension followed by 180 days of restriction.

Sources

Official references used for this page

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