Kansas DUI/DWI Laws: Penalties, Court Process, and Records

In the United States, the terms Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are often used to describe traffic and criminal offenses involving alcohol or drug impairment. In Kansas, however, the official legal term is DUI, even though DWI is sometimes used informally. This article covers Kansas DUI laws, the mandatory penalties set by law, how to locate public DUI records, and how long these records remain accessible.

What Is a DUI in Kansas?

A DUI, under Kansas Statutes §8-1567, is defined as operating or attempting to operate a vehicle in the state while meeting any of the following conditions:

• Having a blood or breath alcohol concentration of 0.08% or higher
• Being under the influence of drugs, or a combination of drugs, to the point that the driver is unable to drive the vehicle safely
• Being under the influence of alcohol to a level that makes safe driving impossible
• Being impaired by a combination of alcohol and drugs to the extent that safe vehicle operation is impossible.

Even with a blood alcohol concentration under the state limit, a driver can still face DUI charges if prescription drugs or other intoxicants affect their ability to drive safely.

DUI Penalties in Kansas

In Kansas, DUI convictions remain on an individual’s record for life. This means that all prior convictions are taken into account when determining the penalties for any subsequent DUI offense.

• First DUI Offense (Class B misdemeanor)

A first DUI offense in Kansas can bring 48 hours to 6 months in jail, fines of $750 to $1,000, and a 30-day license suspension. Additionally, offenders may also have to install an ignition interlock device (IID) and complete alcohol or drug treatment as ordered by the court.

• Second DUI Offense (Class A misdemeanor)

This offense carries 90 days to 1 year in jail and fines between $1,250 and $1,750. After serving a one-year license suspension, a driver is required to install an ignition interlock device before they can legally drive again.

• Third DUI Offense

A third conviction is normally a Class A nonperson misdemeanor punishable by 90 days to 1 year in jail and fines between $1,750 and $2,500. Other penalties include a license suspension for one year and the use of an ignition interlock device for two years.

• Fourth or Subsequent DUI (Felony)

This is a non-person felony punishable by a jail time of 90 days to 1 year. Also, an offender can be requested to pay a fine of $2,500 with their driver’s license suspended for one year.

DUI Arrest and Court Process in Kansas

Kansas DUI cases involve both criminal courts and the Department of Revenue’s administrative process:

• Traffic Stop and Arrest – If police suspect a driver of drunk or drugged driving, they may give them field sobriety tests. The driver will be arrested and taken to jail if they fail the test.
• Booking – The records of the arrests, including the offender’s photos and fingerprints, are taken by the arresting law enforcement.
• First Court Appearance – The charges are read to the offender, after which they can enter a plea.
• Pre-Trial – The prosecution and defense may exchange evidence, file motions, or discuss plea deals.
• Trial – If no plea deal is reached, the case progresses to trial, where a jury or judge decides who is guilty.
• Sentencing – The judge issues penalties like jail time, license suspension, or treatment programs to the party found guilty of the offense.

In Kansas, diversion programs are only offered to first-time DUI offenders. The DUI charges may be dropped if the offender finishes probation, classes, and treatment.

How to Search for DUI Records in Kansas

Kansas DUI records are considered public but are accessible through specific systems:

• Kansas District Court Public Access Portal: Through this portal, users can find court records for DUI cases filed in Kansas courts.
• Kansas Department of Revenue: This office allows individuals to search for driving records that show DUI-related license restrictions.
• Kansas Bureau of Investigation (KBI): The KBI provides criminal history checks to the public for a nominal fee.
• Third-Party Background Check Services - These websites compile public records and can be used to look up DUI history in Kansas.

When looking up DUI records in Kansas, individuals may find information about the conviction status, blood alcohol concentration (BAC), any license-related consequences, and sentencing.

How Long Does a DUI Stay on Your Record in Kansas?

In Kansas, DUI convictions remain on a person’s record for life, which is longer than in many states that may allow limited look-back periods for certain offenses:

• Criminal Record: When a person is convicted of DUI in Kansas, the conviction stays on their record permanently. However, a first-time misdemeanor DUI may be eligible for expungement after 5 years, while a felony DUI may be expunged after 10 years.
• Driving Record: DUI convictions remain on a Kansas driving record for life.
• Insurance and Employment: A DUI conviction can raise insurance premiums for 3 to 5 years and may be visible on background checks.

Kansas has some of the toughest DUI laws in the United States, with mandatory jail terms, license suspensions, and fines. Individuals convicted of multiple DUI offenses may face harsher penalties, including higher fines. Public DUI records can be requested from the appropriate government office either online or in person. Finally, it is important for both drivers and researchers to understand how DUI laws work in Kansas because of their lasting impact on criminal and driving histories.