Kansas lawDuiHomicideManslaughter

DUI Penalties in Kansas

September 28, 2026 · LawDiver Research Team

Start with Kan. Stat. Ann. § 8-1567. In Kansas, BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock requirements. Felony threshold: A third DUI can be a felony; DUI with serious injury or death can also be a felony. That is the question this guide answers for DUI penalties. Lookback: Prior DUI convictions within lifetime enhance; lookback windows for certain enhancements are defined in § 8-1567.. Ignition interlock: Ignition interlock is widely required after DUI as a condition of driving privileges.

Blood alcohol limits in Kansas

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Lookback window for prior offenses

Prior DUI convictions within lifetime enhance; lookback windows for certain enhancements are defined in § 8-1567.

How the Kansas rule applies

Apply the Kansas authorities in order. The facts are simplified so the statute and the standard are visible.

A driver in Kansas is charged with a first impaired-driving offense and wants to know what the statute actually sets.

Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Read the first-offense range: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock requirements.
Ask when the charge becomes a felony: A third DUI can be a felony; DUI with serious injury or death can also be a felony. Lookback: Prior DUI convictions within lifetime enhance; lookback windows for certain enhancements are defined in § 8-1567.
Interlock: Ignition interlock is widely required after DUI as a condition of driving privileges.

Kansas DUI under § 8-1567 proceeds in district court with parallel DMV administrative actions. Defense reviews the stop and breath/blood foundations.

First-offense penalties

First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock requirements.

When a Kansas DUI becomes a felony

A third DUI can be a felony; DUI with serious injury or death can also be a felony.

Ignition interlock and license consequences

Ignition interlock is widely required after DUI as a condition of driving privileges.

How a typical Kansas DUI case unfolds

Kansas DUI under § 8-1567 proceeds in district court with parallel DMV administrative actions. Defense reviews the stop and breath/blood foundations.

Case law: DUI penalties in Kansas

Doris Poteet, Appellee, v. Kansas Department of Revenue, Appellant

Doris Poteet, Appellee, v. Kansas Department of Revenue, Appellant, 43 Kan. App. 2d 412 (2010)

…ccident occurs. He testified that he suspected that she was driving under the influence of alcohol based solely on the medical personnel’s statements. He also signed a certification that documented the grounds for believing that Poteet was driving under the influence of alcohol as the “odor of alcoholic beverages.” Two statutes are at issue here, and we apply them as they exist…

On DUI penalties, Doris Poteet, Appellee, v. Kansas Department of Revenue, Appellant speaks to the Kansas dispute in this passage: "He testified that he suspected that she was driving under the influence of alcohol based solely on the medical personnel’s statements." The surrounding opinion shows how the court applied that language to the record.

State of Kansas, Appellee, v. Howard R. Luft, Appellant

State of Kansas, Appellee, v. Howard R. Luft, Appellant, 248 Kan. 911 (1991)

…e legislature intended to ensure that a person arrested for driving under the influence was made aware, by the required notice procedure, of his statutory rights. Those rights include the right to obtain independent testing of his blood alcohol level following testing by or under the direction of a law enforcement officer. K.S.A. 1985 Supp. 8-1004 both establishes this right to…

On DUI penalties, State of Kansas, Appellee, v. Howard R. Luft, Appellant speaks to the Kansas dispute in this passage: "Those rights include the right to obtain independent testing of his blood alcohol level following testing by or under the direction of a law enforcement officer. K.S.A. 1985 Supp." The surrounding opinion shows how the court applied that language to the record.

State of Kansas, Appellee, v. Everett L. Adams, Appellant

State of Kansas, Appellee, v. Everett L. Adams, Appellant, 242 Kan. 20 (1987)

…y manslaughter (K.S.A. 1986 Supp. 21-3404) and one count of driving under the influence of alcohol (K.S.A. 1986 Supp. 8-1567). He was sentenced to a term of three to ten years for involuntary manslaughter and a term of six months and fined $200.00 for driving while under the influence, the terms to run concurrently. The Court of Appeals affirmed the convictions in an unpublishe…

Kansas opinions such as State of Kansas, Appellee, v. Everett L. Adams, Appellant are cited where DUI penalties is disputed. The court stated: "K.S.A. 1986 Supp. 21-3404) and one count of driving under the influence of alcohol (K.S.A. 1986 Supp. 8-1567). He was sentenced to a term of three to ten years for involuntary manslaughter and a term of six months and fined $200." That is the language to brief; the rest of the decision supplies the procedural posture.

State of Kansas, Appellee, v. Vernon D. Reves, Appellant

State of Kansas, Appellee, v. Vernon D. Reves, Appellant, 233 Kan. 972 (1983)

…ict finding Vernon D. Reves (defendant-appellant) guilty of driving under the influence of alcohol or drugs. K.S.A. 8-1567. The appellant contends 1982 Senate Bill No. 699 (L. 1982, ch. 144), which amended K.S.A. 1981 Supp. 8-1567 governing alcohol or drug-related traffic offenses and penalties therefor, violates art. 2, § 16, of the Kansas Constitution and is invalid. This pro…

Practitioners open State of Kansas, Appellee, v. Vernon D. Reves, Appellant when Kansas DUI penalties turns on the distinction in this sentence: "Vernon D. Reves (defendant-appellant) guilty of driving under the influence of alcohol or drugs. K.S.A. 8-1567. The appellant contends 1982 Senate Bill No. 699 (L. 1982, ch. 144), which amended K.S.A. 1981 Supp." Do not lift it out of the facts the court was deciding.

State of Kansas v. Brian M. Collins

State of Kansas v. Brian M. Collins, 36 Kan. App. 2d 367 (2006)

…ian M. Collins was tried for involuntary manslaughter while driving under the influence of alcohol. He was convicted of the lesser included offense of driving under the influence of alcohol. The State now appeals, claiming the trial court erred in instructing the jury on proximate cause. We affirm. After several hours of drinking, Collins and his passenger left a bar at 2 a.m.…

Practitioners open State of Kansas v. Brian M. Collins when Kansas DUI penalties turns on the distinction in this sentence: "M. Collins was tried for involuntary manslaughter while driving under the influence of alcohol. He was convicted of the lesser included offense of driving under the influence of alcohol." Do not lift it out of the facts the court was deciding.

State of Kansas v. Justin D. Stanley

State of Kansas v. Justin D. Stanley, 53 Kan. App. 2d 698 (2016)

…nd Kansas statutes prohibiting driving while intoxicated or driving under the influence, we have concluded that it is possible that the defendant here, Justin D. Stanley, could have been convicted in Missouri for conduct that would not lead to a conviction for driving under the influence in Kansas. Therefore, Stanleys prior Missouri conviction does not qualify as a prior convic…

Kansas opinions such as State of Kansas v. Justin D. Stanley are cited where DUI penalties is disputed. The court stated: "Kansas statutes prohibiting driving while intoxicated or driving under the influence, we have concluded that it is possible that the defendant here, Justin D." That is the language to brief; the rest of the decision supplies the procedural posture.

State of Kansas, Appellee, v. Harold Hickey, Appellant

State of Kansas, Appellee, v. Harold Hickey, Appellant, 12 Kan. App. 2d 781 (1988)

…omicide, you must find that the defendant was not guilty of driving under the influence of alcohol. If you cannot agree that the defendant is guilty of Aggravated Vehicular Homicide, you should then consider the lesser included offense of Vehicular Homicide.” (Emphasis added.) Both vehicular homicide and aggravated vehicular homicide involve the death of a person resulting from…

Kansas opinions such as State of Kansas, Appellee, v. Harold Hickey, Appellant are cited where DUI penalties is disputed. The court stated: "If you cannot agree that the defendant is guilty of Aggravated Vehicular Homicide, you should then consider the lesser included offense of Vehicular Homicide.” (Emphasis added." That is the language to brief; the rest of the decision supplies the procedural posture.

State of Kansas, Appellee, v. Eric A. Anderson, Appellant

State of Kansas, Appellee, v. Eric A. Anderson, Appellant, 33 Kan. App. 2d 607 (2005)

…, J.: Eric A. Anderson appeals his conviction by a jury for driving under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle, K.S.A. 2002 Supp. 8-1567(a)(3), arguing evidence should have been suppressed, insufficiency of evidence, and defects in the verdict or procedure employed to clarify the verdict. We reject the arguments of f…

Kansas opinions such as State of Kansas, Appellee, v. Eric A. Anderson, Appellant are cited where DUI penalties is disputed. The court stated: "J.: Eric A. Anderson appeals his conviction by a jury for driving under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle, K.S.A. 2002 Supp." That is the language to brief; the rest of the decision supplies the procedural posture.

Key takeaways

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback period: Prior DUI convictions within lifetime enhance; lookback windows for certain enhancements are defined in § 8-1567.
First-offense range: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock requirements.
Felony threshold: A third DUI can be a felony; DUI with serious injury or death can also be a felony.
Ignition interlock: Ignition interlock is widely required after DUI as a condition of driving privileges.
Primary authority: Kan. Stat. Ann. § 8-1567.

Frequently asked questions

What is the legal BAC limit in Kansas?