Kansas DUI Statute

K.S.A. § 8-1567

KANSAS STATUTES ANNOTATED
CHAPTER 8.–AUTOMOBILES AND OTHER VEHICLES 
ARTICLE 15.–UNIFORM ACT REGULATING TRAFFIC; RULES OF THE ROAD 
SERIOUS TRAFFIC OFFENSES 

(a) Driving under the influence is operating or attempting to operate any vehicle within this state
while:

(1) The alcohol concentration in the person’s blood or breath as shown by any competent
evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of
K.S.A. 8-1013, and amendments thereto, is .08 or more;
(2) the alcohol concentration in the person’s blood or breath, as measured within three hours of
the time of operating or attempting to operate a vehicle, is .08 or more;
(3) under the influence of alcohol to a degree that renders the person incapable of safely driving
a vehicle;
(4) under the influence of any drug or combination of drugs to a degree that renders the person
incapable of safely driving a vehicle; or
(5) under the influence of a combination of alcohol and any drug or drugs to a degree that
renders the person incapable of safely driving a vehicle.

(b)(1) Driving under the influence is:
(A) On a first conviction a class B, nonperson misdemeanor. The person convicted shall be
sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment, or in
the court’s discretion 100 hours of public service, and fined not less than $750 nor more than
$1,000. The person convicted shall serve at least 48 consecutive hours’ imprisonment or 100
hours of public service either before or as a condition of any grant of probation or suspension,
reduction of sentence or parole. The court may place the person convicted under a house arrest
program pursuant to K.S.A. 21-6609, and amendments thereto, to serve the remainder of the
sentence only after such person has served 48 consecutive hours’ imprisonment;
(B) on a second conviction a class A, nonperson misdemeanor. The person convicted shall be
sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less
than $1,250 nor more than $1,750. The person convicted shall serve at least five consecutive
days’ imprisonment before the person is granted probation, suspension or reduction of sentence
or parole or is otherwise released. The five days’ imprisonment mandated by this subsection
may be served in a work release program only after such person has served 48 consecutive
hours’ imprisonment, provided such work release program requires such person to return to
confinement at the end of each day in the work release program. The person convicted, if placed
into a work release program, shall serve a minimum of 120 hours of confinement. Such 120
hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed
by confinement hours at the end of and continuing to the beginning of the offender’s work day.
The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-
6609, and amendments thereto, to serve the five days’ imprisonment mandated by this subsection
only after such person has served 48 consecutive hours’ imprisonment. The person convicted, if
placed under house arrest, shall be monitored by an electronic monitoring device, which verifies
the offender’s location. The offender shall serve a minimum of 120 hours of confinement within
the boundaries of the offender’s residence. Any exceptions to remaining within the boundaries of
the offender’s residence provided for in the house arrest agreement shall not be counted as part of
the 120 hours;
(C) on a third conviction a class A, nonperson misdemeanor, except as provided in subsection
(D). The person convicted shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $1,750 nor more than $2,500. The person
convicted shall not be eligible for release on probation, suspension or reduction of sentence or
parole until the person has served at least 90 days’ imprisonment. The 90 days’ imprisonment
mandated by this subsection may be served in a work release program only after such person
has served 48 consecutive hours’ imprisonment, provided such work release program requires
such person to return to confinement at the end of each day in the work release program. The
person convicted, if placed into a work release program, shall serve a minimum of 2,160 hours
of confinement. Such 2,160 hours of confinement shall be a period of at least 48 consecutive
hours of imprisonment followed by confinement hours at the end of and continuing to the
beginning of the offender’s work day. The court may place the person convicted under a house
arrest program pursuant to K.S.A. 21-6609, and amendments thereto, to serve the 90 days’
imprisonment mandated by this subsection only after such person has served 48 consecutive
hours’ imprisonment. The person convicted, if placed under house arrest, shall be monitored by
an electronic monitoring device, which verifies the offender’s location. The offender shall serve
a minimum of 2,160 hours of confinement within the boundaries of the offender’s residence. Any
exceptions to remaining within the boundaries of the offender’s residence provided for in the
house arrest agreement shall not be counted as part of the 2,160 hours;
(D) on a third conviction a nonperson felony if the person has a prior conviction which occurred
within the preceding 10 years, not including any period of incarceration. The person convicted
shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not
less than $1,750 nor more than $2,500. The person convicted shall not be eligible for release on
probation, suspension or reduction of sentence or parole until the person has served at least 90
days’ imprisonment. The 90 days’ imprisonment mandated by this subsection may be served in
a work release program only after such person has served 48 consecutive hours’ imprisonment,
provided such work release program requires such person to return to confinement at the
end of each day in the work release program. The person convicted, if placed into a work
release program, shall serve a minimum of 2,160 hours of confinement. Such 2,160 hours of
confinement shall be a period of at least 48 consecutive hours of imprisonment followed by
confinement hours at the end of and continuing to the beginning of the offender’s work day.
The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-
6609, and amendments thereto, to serve the 90 days’ imprisonment mandated by this subsection
only after such person has served 48 consecutive hours’ imprisonment. The person convicted, if
placed under house arrest, shall be monitored by an electronic monitoring device, which verifies
the offender’s location. The offender shall serve a minimum of 2,160 hours of confinement
within the boundaries of the offender’s residence. Any exceptions to remaining within the
boundaries of the offender’s residence provided for in the house arrest agreement shall not be
counted as part of the 2,160 hours; and
(E) on a fourth or subsequent conviction a nonperson felony. The person convicted shall be
sentenced to not less than 90 days nor more than one year’s imprisonment and fined $2,500.
The person convicted shall not be eligible for release on probation, suspension or reduction
of sentence or parole until the person has served at least 90 days’ imprisonment. The 90 days’
imprisonment mandated by this subsection may be served in a work release program only
after such person has served 72 consecutive hours’ imprisonment, provided such work release
program requires such person to return to confinement at the end of each day in the work release
program. The person convicted, if placed into a work release program, shall serve a minimum
of 2,160 hours of confinement. Such 2,160 hours of confinement shall be a period of at least 72 consecutive hours of imprisonment followed by confinement hours at the end of and continuing
to the beginning of the offender’s work day. The court may place the person convicted under a
house arrest program pursuant to K.S.A. 21-6609, and amendments thereto, to serve the 90 days’
imprisonment mandated by this subsection only after such person has served 72 consecutive
hours’ imprisonment. The person convicted, if placed under house arrest, shall be monitored by
an electronic monitoring device, which verifies the offender’s location. The offender shall serve
a minimum of 2,160 hours of confinement within the boundaries of the offender’s residence. Any
exceptions to remaining within the boundaries of the offender’s residence provided for in the
house arrest agreement shall not be counted as part of the 2,160 hours.
(2) The court may order that the term of imprisonment imposed pursuant to subsection (b)(1)
(D) or (b)(1)(E) be served in a state facility in the custody of the secretary of corrections in a
facility designated by the secretary for the provision of substance abuse treatment pursuant to the
provisions of K.S.A. 21-6804, and amendments thereto. The person shall remain imprisoned at
the state facility only while participating in the substance abuse treatment program designated
by the secretary and shall be returned to the custody of the sheriff for execution of the balance
of the term of imprisonment upon completion of or the person’s discharge from the substance
abuse treatment program. Custody of the person shall be returned to the sheriff for execution of
the sentence imposed in the event the secretary of corrections determines: (A) That substance
abuse treatment resources or the capacity of the facility designated by the secretary for the
incarceration and treatment of the person is not available; (B) the person fails to meaningfully
participate in the treatment program of the designated facility; (C) the person is disruptive to the
security or operation of the designated facility; or (D) the medical or mental health condition
of the person renders the person unsuitable for confinement at the designated facility. The
determination by the secretary that the person either is not to be admitted into the designated
facility or is to be transferred from the designated facility is not subject to review. The sheriff
shall be responsible for all transportation expenses to and from the state correctional facility.
(3) In addition, for any conviction pursuant to subsection (b)(1)(C), (b)(1)(D) or (b)(1)(E), at the
time of the filing of the judgment form or journal entry as required by K.S.A. 22-3426 or K.S.A.
21-6711, and amendments thereto, the court shall cause a certified copy to be sent to the officer
having the offender in charge. The court shall determine whether the offender, upon release from
imprisonment, shall be supervised by community correctional services or court services based
upon the risk and needs of the offender. The risk and needs of the offender shall be determined
by use of a risk assessment tool specified by the Kansas sentencing commission. The law
enforcement agency maintaining custody and control of a defendant for imprisonment shall
cause a certified copy of the judgment form or journal entry to be sent to the supervision office
designated by the court and upon expiration of the term of imprisonment shall deliver the
defendant to a location designated by the supervision office designated by the court. After the
term of imprisonment imposed by the court, the person shall be placed on supervision to
community correctional services or court services, as determined by the court, for a mandatory
one-year period of supervision, which such period of supervision shall not be reduced. During
such supervision, the person shall be required to participate in a multidisciplinary model of
services for substance use disorders facilitated by a department of social and rehabilitation
services designated care coordination agency to include assessment and, if appropriate, referral
to a community based substance use disorder treatment including recovery management and
mental health counseling as needed. The multidisciplinary team shall include the designated care
coordination agency, the supervision officer, the social and rehabilitation services department designated treatment provider and the offender. Any violation of the conditions of such
supervision may subject such person to revocation of supervision and imprisonment in jail for
the remainder of the period of imprisonment, the remainder of the supervision period, or any
combination or portion thereof.
(4) In addition, prior to sentencing for any conviction pursuant to subsection (b)(1)(A) or (b)(1)
(B), the court shall order the person to participate in an alcohol and drug evaluation conducted
by a provider in accordance with K.S.A. 8-1008, and amendments thereto. The person shall
be required to follow any recommendation made by the provider after such evaluation, unless
otherwise ordered by the court.
(c) Any person convicted of violating this section or an ordinance which prohibits the acts
that this section prohibits who had one or more children under the age of 14 years in the
vehicle at the time of the offense shall have such person’s punishment enhanced by one month
of imprisonment. This imprisonment must be served consecutively to any other minimum
mandatory penalty imposed for a violation of this section or an ordinance which prohibits the
acts that this section prohibits. Any enhanced penalty imposed shall not exceed the maximum
sentence allowable by law. During the service of the enhanced penalty, the judge may order the
person on house arrest, work release or other conditional release.
(d) If a person is charged with a violation of this section involving drugs, the fact that the person
is or has been entitled to use the drug under the laws of this state shall not constitute a defense
against the charge.
(e) The court may establish the terms and time for payment of any fines, fees, assessments and
costs imposed pursuant to this section. Any assessment and costs shall be required to be paid not
later than 90 days after imposed, and any remainder of the fine shall be paid prior to the final
release of the defendant by the court.
(f) In lieu of payment of a fine imposed pursuant to this section, the court may order that the
person perform community service specified by the court. The person shall receive a credit
on the fine imposed in an amount equal to $5 for each full hour spent by the person in the
specified community service. The community service ordered by the court shall be required to be
performed not later than one year after the fine is imposed or by an earlier date specified by the
court. If by the required date the person performs an insufficient amount of community service to
reduce to zero the portion of the fine required to be paid by the person, the remaining balance of
the fine shall become due on that date.
(g) Prior to filing a complaint alleging a violation of this section, a prosecutor shall request and
shall receive from the:
(1) Division a record of all prior convictions obtained against such person for any violations of
any of the motor vehicle laws of this state; and
(2) Kansas bureau of investigation central repository all criminal history record information
concerning such person.
(h) The court shall electronically report every conviction of a violation of this section and every
diversion agreement entered into in lieu of further criminal proceedings on a complaint alleging
a violation of this section to the division. Prior to sentencing under the provisions of this section,
the court shall request and shall receive from the division a record of all prior convictions
obtained against such person for any violations of any of the motor vehicle laws of this state.
(i) For the purpose of determining whether a conviction is a first, second, third, fourth or
subsequent conviction in sentencing under this section:

(1) Convictions for a violation of this section, or a violation of an ordinance of any city or
resolution of any county which prohibits the acts that this section prohibits, or entering into a
diversion agreement in lieu of further criminal proceedings on a complaint alleging any such
violations, shall be taken into account, but only convictions or diversions occurring on or
after July 1, 2001. Nothing in this provision shall be construed as preventing any court from
considering any convictions or diversions occurring during the person’s lifetime in determining
the sentence to be imposed within the limits provided for a first, second, third, fourth or
subsequent offense;
(2) any convictions for a violation of the following sections occurring during a person’s lifetime
shall be taken into account: (A) Refusing to submit to a test to determine the presence of alcohol
or drugs, K.S.A. 8-1025, and amendments thereto; (B) driving a commercial motor vehicle
under the influence, K.S.A. 8-2,144, and amendments thereto; (C) operating a vessel under
the influence of alcohol or drugs, K.S.A. 32-1131, and amendments thereto; (D) involuntary
manslaughter while driving under the influence of alcohol or drugs, K.S.A. 21-3442, prior to
its repeal, or subsection (a)(3) of K.S.A. 21-5405, and amendments thereto; and (E) aggravated
vehicular homicide, K.S.A. 21-3405a, prior to its repeal, or vehicular battery, K.S.A. 21-3405b,
prior to its repeal, if the crime was committed while committing a violation of K.S.A. 8-1567,
and amendments thereto;
(3) “conviction” includes: (A) Entering into a diversion agreement in lieu of further criminal
proceedings on a complaint alleging a violation of a crime described in subsection (i)(2); (B)
conviction of a violation of an ordinance of a city in this state, a resolution of a county in this
state or any law of another state which would constitute a crime described in subsection (i)(1) or
(i)(2); and (C) receiving punishment under the uniform code of military justice or Kansas code
of military justice for an act which was committed on a military reservation and which would
constitute a crime described in subsection (i)(1) or (i)(2) if committed off a military reservation
in this state;
(4) multiple convictions of any crime described in subsection (i)(1) or (i)(2) arising from the
same arrest shall only be counted as one conviction;
(5) it is irrelevant whether an offense occurred before or after conviction for a previous offense;
and
(6) a person may enter into a diversion agreement in lieu of further criminal proceedings for a
violation of this section, and amendments thereto, or an ordinance which prohibits the acts of this
section, and amendments thereto, only once during the person’s lifetime.
(j) Upon conviction of a person of a violation of this section or a violation of a city ordinance or
county resolution prohibiting the acts prohibited by this section, the division, upon receiving a
report of conviction, shall suspend, restrict or suspend and restrict the person’s driving privileges
as provided by K.S.A. 8-1014, and amendments thereto.
(k)(1) Nothing contained in this section shall be construed as preventing any city from enacting
ordinances, or any county from adopting resolutions, declaring acts prohibited or made unlawful
by this act as unlawful or prohibited in such city or county and prescribing penalties for violation
thereof.
(2) The minimum penalty prescribed by any such ordinance or resolution shall not be less than
the minimum penalty prescribed by this section for the same violation, and the maximum penalty
in any such ordinance or resolution shall not exceed the maximum penalty prescribed for the
same violation.

(3) On and after July 1, 2007, and retroactive for ordinance violations committed on or after
July 1, 2006, an ordinance may grant to a municipal court jurisdiction over a violation of such
ordinance which is concurrent with the jurisdiction of the district court over a violation of
this section, notwithstanding that the elements of such ordinance violation are the same as the
elements of a violation of this section that would constitute, and be punished as, a felony.
(4) Any such ordinance or resolution shall authorize the court to order that the convicted person
pay restitution to any victim who suffered loss due to the violation for which the person was
convicted.
(l)(1) Upon the filing of a complaint, citation or notice to appear alleging a person has violated
a city ordinance prohibiting the acts prohibited by this section, and prior to conviction thereof, a
city attorney shall request and shall receive from the:
(A) Division a record of all prior convictions obtained against such person for any violations of
any of the motor vehicle laws of this state; and
(B) Kansas bureau of investigation central repository all criminal history record information
concerning such person.
(2) If the elements of such ordinance violation are the same as the elements of a violation of
this section that would constitute, and be punished as, a felony, the city attorney shall refer the
violation to the appropriate county or district attorney for prosecution.
(m) No plea bargaining agreement shall be entered into nor shall any judge approve a plea
bargaining agreement entered into for the purpose of permitting a person charged with a
violation of this section, or a violation of any ordinance of a city or resolution of any county in
this state which prohibits the acts prohibited by this section, to avoid the mandatory penalties
established by this section or by the ordinance. For the purpose of this subsection, entering into
a diversion agreement pursuant to K.S.A. 12-4413 et seq. or 22-2906 et seq., and amendments
thereto, shall not constitute plea bargaining.
(n) The alternatives set out in subsections (a)(1), (a)(2) and (a)(3) may be pleaded in the
alternative, and the state, city or county, but shall not be required to, may elect one or two of the
three prior to submission of the case to the fact finder.
(o) As used in this section:
(1) “Alcohol concentration” means the number of grams of alcohol per 100 milliliters of blood or
per 210 liters of breath;
(2) “imprisonment” shall include any restrained environment in which the court and law
enforcement agency intend to retain custody and control of a defendant and such environment
has been approved by the board of county commissioners or the governing body of a city; and
(3) “drug” includes toxic vapors as such term is defined in K.S.A. 21-5712, and amendments
thereto.
(p)(1) The amount of the increase in fines as specified in this section shall be remitted by the
clerk of the district court to the state treasurer in accordance with the provisions of K.S.A. 75-
4215, and amendments thereto. Upon receipt of remittance of the increase provided in this act,
the state treasurer shall deposit the entire amount in the state treasury and the state treasurer
shall credit 50% to the community alcoholism and intoxication programs fund and 50% to the
department of corrections alcohol and drug abuse treatment fund, which is hereby created in the
state treasury.
(2) On and after July 1, 2011, the amount of $250 from each fine imposed pursuant to this
section shall be remitted by the clerk of the district court to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the community corrections
supervision fund established by K.S.A. 75-52,113, and amendments thereto.

Kan. Stat. Ann. § 8-1567 (West)