DUI Penalties
K.S.A. 8-1567 — 0.08 within three hours, 48 consecutive hours and $750 the first time, a felony on a third within 10 years
Driving under the influence is operating or attempting to operate a vehicle with 0.08 or more alcohol in the blood or breath, including as measured within three hours, or under the influence of alcohol, drugs or both to a degree that makes the person incapable of safely driving.
Who handles this in Kansas: Johnson County Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Kansas directory.
| Conviction | Offense | Jail | Fine |
|---|---|---|---|
| ConvictionFirst | OffenseClass B nonperson misdemeanor | Jail48 consecutive hours to six months, or 100 hours of public service | Fine$750 to $1,000 |
| ConvictionSecond | OffenseClass A nonperson misdemeanor | Jail90 days to one year | Fine$1,250 to $1,750 |
| ConvictionThird | OffenseClass A nonperson misdemeanor | Jail90 days to one year | Fine$1,750 to $2,500 |
The felony. A third conviction is a severity level 6 nonperson felony when the person has a prior conviction within the preceding 10 years, not counting time incarcerated.
Sources for this section (1)
- K.S.A. 8-1567 — Driving under the influence; penalties; disposition of moneys from fines and penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.