DUI law, implied consent and penalties

Key points

1. A BAC of .08 or more can suspend your license for 30 days and bring criminal penalties.

   Source: Handbook p. 23

   “If you have a BAC of .08 or more, your driver's license and driving privileges may be suspended for 30 days and you may be subject to criminal penalties.”
   Kansas Driving Handbook, Handbook p. 23

2. Drivers under 21 can be arrested for alcohol impairment at .02.

   Source: Handbook p. 23

   “In Kansas, if you are under (21), you can also be arrested for alcohol impairment at [.02%].”
   Kansas Driving Handbook, Handbook p. 23

3. Under implied consent, getting a Kansas license means you have already agreed to a lawfully requested alcohol test.

   Source: Handbook p. 24

   “Kansas implied consent law is based on the principle that when you get your Driver's License, you have implicitly consented to a lawfully requested test”
   Kansas Driving Handbook, Handbook p. 24

4. Refusing a test suspends your license for 1 year the first time, 2 years the second, 3 years the third and 10 years the fourth.

   Source: Handbook p. 14

   “Refusing to submit to a chemical test to determine the alcohol/drug content of your blood is a mandatory 1-year suspension for the 1st refusal, 2 years for the 2nd refusal, 3 years for the third, and 10 years for the fourth refusal.”
   Kansas Driving Handbook, Handbook p. 14

5. A first alcohol conviction can bring a $750 to $1000 fine plus court costs, and at least 48 hours in jail or 100 hours of community service.

   Source: Handbook p. 24

   “If you are found guilty of an alcohol violation and it is your first conviction, you may be fined from $750 - $1000 plus court costs. You could be sentenced to a minimum of 48 hours in jail or 100 hours of community service and your license will be suspended.”
   Kansas Driving Handbook, Handbook p. 24

6. After a first conviction you must also drive with an ignition interlock device.

   Source: Handbook p. 24

   “You will also be required to drive with an ignition interlock device.”
   Kansas Driving Handbook, Handbook p. 24

7. A fifth test result of .08 or more, or a fifth refusal, means permanent license revocation.

   Source: Handbook p. 15

   “A fifth test result of .08 or greater or refusal to submit to chemical testing to determine the alcohol/drug content of blood will result in a permanent license revocation”
   Kansas Driving Handbook, Handbook p. 15

8. Carrying an open container of liquor or cereal malt beverage can get your license suspended.

   Source: Handbook p. 14

   “Transporting an open container of liquor or cereal malt beverage (3.2 beer)”
   Kansas Driving Handbook, Handbook p. 14

Numbers to know

3 questions from the Kansas practice test

1. 1. At what BAC can a Kansas driver under 21 be arrested for alcohol impairment according to the handbook?

   1. .05 percent
   2. .02 percent
   3. .08 percent
   4. .10 percent
   Show answer

   .02 percent. The handbook identifies .02 percent as the BAC at which a Kansas driver under 21 can also be arrested for alcohol impairment. The familiar .08 figure applies to the general alcohol-law statement, so using it for every driver category misses the under-21 threshold. The .05 and .10 options are not the figures stated in this passage. A helpful cue is to pair the lower number with the younger driver group, then remember that impairment can exist even below .08. This rule is about alcohol concentration, not the number of drinks consumed.

2. 2. What license consequence does Kansas describe for refusing a requested BAC test the first time?

   1. A seven-day warning suspension
   2. A one-year loss of the driver's license
   3. A two-year loss of the driver's license
   4. No license consequence if the driver was not arrested
   Show answer

   A one-year loss of the driver's license. Kansas implied consent means a licensed driver has agreed to a lawfully requested test when an officer suspects impaired driving. The handbook states that refusing a BAC test can cost the driver's license for one year, and K.S.A. 8-1014 sets a one year suspension for every refusal occurrence, followed by a period of driving only with an ignition interlock device that grows with each refusal, starting at two years after a first refusal. A seven day warning understates the consequence, and a two year loss confuses the later interlock restriction with the suspension itself. Remember the sequence as request, refusal, one year suspension, then interlock.

3. 3. What fine does the Kansas handbook list for a first DUI conviction?

   1. $100 to $250
   2. $5,000
   3. $750 to $1,000 plus court costs
   4. No fine, only community service
   Show answer

   $750 to $1,000 plus court costs. A first DUI conviction in Kansas brings a fine of $750 to $1,000 plus court costs, a sentence of at least 48 hours in jail or 100 hours of community service, suspension of the license, and a requirement to drive with an ignition interlock device. Second and later convictions carry much worse penalties. The fine is not optional and not a token amount, and community service is an alternative to jail, not to the fine.

Source: the Kansas Driving Handbook, Section 3: Be in Shape to Drive. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.