To avoid an DUI in Kansas, you should know at least these five things.

I. DUI

It’s illegal to drive under the influence of alcohol. Doing so is called DUI in Kansas.

Kansas alcohol laws prohibit driving with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, it’s 0.04% or more. And for those under 21, including adults 18 through 20, it’s 0.02% or higher.

The latter is called zero tolerance. But young drivers don’t need to have a BAC of zero percent. There are good reasons why not.

One reason is that “breathalyzers” or alcohol breath testers don’t actually measure BAC. (That requires analyzing a sample of blood itself.) They only estimate it. And they’re not reliable. That’s why not all states permit their use.

Another reason why a zero BAC isn’t required us that many medications and foods contain alcohol. Even bread does. A third is that everyone of every age produces alcohol within the body. And they do it constantly.

Therefore, permitting estimated BACs under 0.02% reduces the chances of convicting innocent young drivers.

II. Penalties

The exact penalties handed down for DUI in Kansas vary. Many factors cause these differences Thy include such things as

• Driver’s age.
• Estimated BAC.
• Type of license.
• Any prior DUIs.
• Ages of any occupants in the vehicle.
• Any consequences of the DWI (property damage, injuries, etc.)
• Effectiveness of the driver’s attorney.
• Driver characteristics (demeanor in court, race, socio-economic status, etc.)
• The specific judge hearing the case.

Nevertheless, here are the general guidelines.

Penalties for First DUI

• 48 hours in jail.30 days of license suspension
• 180 days of of ignition interlock device (IID) on vehicle at end of license suspension. An IID prevents vehicle from starting if alcohol is on the driver’s breath. Learn more about ignition interlock devices.   Offender pays for installation, maintenance, and monitoring.
• $750 to $1,000 fine plus court costs.
• Completion of safety education or a drug and alcohol evaluation. Offender pays all costs.
• 100 hours of community service.

Penalties for Second DUI

• Five days to one year imprisonment.
• One year license suspension.
• One year of ignition interlock on vehicle at end of license suspension. Offender pays for installation, maintenance, and monitoring.
• $1,250 to $1,750 fine plus court costs.
• One year of supervised probation after imprisonment.
• Mandatory completion of alcohol and drug treatment program. Offender pays all costs.

 Penalties for Third DUI

• 90 days to one year imprisonment.
• Two year license suspension.
• One year of ignition interlock on vehicle at end of license suspension. Offender pays for installation, maintenance, and monitoring.
• $1,750 to $2,500 fine plus court costs.
• One year supervised probation after imprisonment. Offender pays probation fees.
• Mandatory completion of alcohol and drug treatment program. Offender pays all costs.

 Penalties for Fourth DUI

• One year imprisonment.
• One year license suspension.
• Three years of ignition interlock on vehicle at end of license suspension. Offender pays for installation, maintenance, and monitoring.
• $2,500 fine plus court costs.
• One year supervised probation upon release. Offender pays probation fees.
• Mandatory completion of alcohol and drug treatment program. Offender pays all costs.

Penalties for Fifth DUI

• 90 days to one year imprisonment.
• One year license suspension.
• Ten years of ignition interlock on vehicle at end of license suspension. Offender pays for installation, maintenance, and monitoring.
• $2,500 fine plus court costs.
• One year of supervised probation after imprisonment. Offender pays probation fees.

III. The Costs

Legal Costs

Getting charged with a DUI in Kansas is very expensive, as it is elsewhere. And this is true even if you’re innocent. Of course, it’s even more expensive if a judge or jury convicts you.

The cost of a legal DUI defense is very hard to estimate. That’s because the complexity of cases varies widely. And more complex cases take more of a lawyer’s time. That means more money.

It’s wise to select an experienced lawyer who specializes in DUI defense. The knowledge and experience of such a lawyer is invaluable. In fact, such a lawyer may take less time.

Its obvious that simply asking lawyers how much they charge per hour isn’t helpful. It’s like asking a car dealer how much it costs to buy a car.

Other Costs

There are a number of other costs. They may include fines, court costs, property damage, medical expenses, possible loss of employment, increased insurance rates, and other expenses. The total can be high. It can easily be more than lawyer fees and expenses. Therefore, the total cost of an DUI can easily be tens of thousands of dollars.

In addition, there are non-money costs as well. They may include pain and suffering, feelings of guilt, embarrassment, driving license suspension, loss of friendships, and many others.

Knowing the high costs of a DUI is helpful. It’s a great motivation. That can help us try to avoid them.

IV. Alcohol Tests

Chemical Tests

All states require drivers to submit to alcohol breath tests (estimators). That, in spite of their scientifically proven unreliability.

However, all drivers have a Constitutional right to decline taking a chemical BAC test. In spite of that, the state punishes those who use their right. Their license is revoked on the spot even if they are completely sober. The revocation is for one year. Also, the New Mexico denies any restricted driving for work, school, or other essential activities.

Field Sobriety Tests

However, no state requires drivers to take a field sobriety test. And that’s good. Simply put, field sobriety tests lack validity. That’s why about one-third of completely sober people with a 0.00% BAC fail them. And they do so under ideal conditions.

Naturally, taking a field sobriety test on an uneven highway shoulder after being pulled over by police and being very nervous is far from ideal. So the “real world” failure rate for completely sober people must be much higher.

Understandably, lawyers strongly urge drivers never to submit to any field sobriety test. On the other hand, police want suspects to take them. They often falsely insist the law requires it. It doesn’t. Or they say that passing it proves you’re innocent. It doesn’t.

An officer who pulls over a driver for suspected drinking and driving is conducting a criminal investigation. The officer may legally lie to you. Remember that if you are a suspect in a crime, the police officer is your adversary.

Discover much more about field sobriety tests. You won’t be happy with what you learn, but you need to know it. Also, learn What to Do If You Are Pulled Over.

V. Avoid Arrest

Obviously, one way to avoid a DWI is by abstaining from alcohol. Another choice is to use a Designated Driver or use public transportation.

Most drivers enjoy drinking alcohol, at least on occasion. They may lack a Designated Driver or access to public transportation. And they may be unable to afford Uber or Lynks.

So how can drivers drink before driving, yet avoid arrest? The answer is simple and legal, except for drivers under 21. Maintain a low BAC.

These guidelines can help keep a low BAC.

• Remember that standard drinks of beer, wine and spirits have equivalent amounts of pure alcohol. A breathalizer can’t tell them apart.
• Have no more than one standard drink each hour. Preferably less.
• Avoid non-standard drinks. This makes it easier to keep track of alcohol intake.
• Eat and snack while drinking. This is very important!
• Have a non-alcoholic drink between alcoholic ones.
• Accept an alcoholic drink only when it fits your consumption schedule.
• Never engage in any drinking game.

Arrested for DUI in Kansas?

If you’re charged with A DUI in Kansas, contact a lawyer immediately. The attorney should specialize in drinking and driving cases. Better yet is one whose practice is limited to such cases.

The Kansas Bar (lawyer) Association offers a free lawyer referral service. Also, Martingale-Hubbell offers a free on-line database with lawyers by specialty and geographic location. In addition, it provides client and peer evaluations.

Don’t rely on this or any other site for legal information.

Resources

Brezina, C. I’ve Gotten a DWI/DUI, Now What? NY: Rosen, 2016.

CDC. Teen Drinking and Driving. Atlanta: 2012. (website)

___. Impaired Driving. Washington: 2018. (website)

Gillespie, L. Police Encounters. Know Your Rights. Gillespie, 2014.

Hudson, T. The Drinker’s Guide to Driving: The Secrets of DUI, From One of America’s Top DUI Lawyers. Cork: BookBaby, 2013.

Keech, C. & Fairchild, C. Dude, What are My Rights? Kansas City, MO: Keechild, 2014.

Lauterjung, L. DUI law for Drivers. How to Avoid DUI Arrests and How to Handle a DUI Stop. Lauterjung, 2012.

Nevels, T. Avoid DWI and Marijuana Charges. Cork: BookBaby, 2015.

NHTSA. Drunk Driving. Washington: 2018. (website)

Sagsletter, R. Rights During a Police Stop / DUI in the United States. What Officers Can and Cannot Do. Denver, CO: Outskirts, 2012.