FACTS

• In 2003, 97 persons died in alcohol- related crashes on Kansas roadways — one person every four days.
• Also in 2003, Kansas saw 2,280 people injured in alcohol- related traffic crashes; that’s more than six persons each day.
• In 2003, 43 percent of all alcohol- related fatalities involved a drinking driver under the age of 26.
• 21,235 DUI arrests were made on Kansas roads in 2003.

Penalties

In Kansas, it’s against the law to drive or attempt to operate a motor vehicle while having a blood or breath alcohol concentration (BAC) of .08 or above.

First Offense
• Minimum mandatory imprisonment is 48 consecutive hours (maximum of 6 months) or 100 hours of community service, at the court’s discretion.
• Court ordered completion of an alcohol and drug safety action education program and/ or treatment program (violator expense).
• Fines from $500 to $1,000, plus court costs, probation and evaluation fees.
• Suspension of driving privileges for 30 days, then restricted for an additional 330 days.
• Possible impoundment of vehicle for up to one year.

Second Offense
• 90 days to one year in prison.
• Fines from $1,000 to $1,500, plus court costs, probation and evaluation fees.
• Suspension of driving privileges for a period of one year and until the offender completes the court ordered treatment program for alcohol and drug abuse (violator expense).
• After a one- year suspension of driving privileges is completed, the offender is restricted to driving only a motor vehicle equipped with an ignition interlock device for one year.
• Possible impoundment of vehicle for up to one year.

Third Offense
• 90 days to one year in prison.
• Fines from $1,500 to $2,500, plus court costs, probation and evaluation fees.
• Suspension of driving privileges for a period of one year and until the offender completes the court ordered treatment program for alcohol and drug abuse (violator expense).
• After a one- year suspension of driving privileges is completed, the offender is restricted to driving only motor vehicle equipped with an ignition interlock device for one year.
• Classified as a felony offense.
• Possible impoundment of vehicle for up to one year.

Fourth Offense
• 90 days to one year in prison.
• Fines from $2,500 plus court costs, probation and evaluation fees.
• Suspension of driving privileges for a period of one year.
• After a one- year suspension of driving privileges is completed, the offender is restricted to driving only a motor vehicle equipped with an ignition interlock device for one year.
• At the end of the incarceration/ work release program, the offender will be placed in the custody of the Secretary of the Kansas Department of Corrections for a one- year period of post- release supervision which shall be required to include completion of a drug/ alcohol treatment program (violator expense).
• Classified as a felony offense.
• Possible impoundment of vehicle for up to one year.

Fifth and Subsequent Offense
• Penalties same as fourth offense with the stipulation that an offender’s driving privileges will be permanently revoked.