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What happens if you are arrested for drunk driving in Kansas?

While you may often see things like commercials or billboards saying that police are cracking down on drunk driving, if you have not ever been pulled over on suspicion of a DUI before, you may not know exactly how the whole process is going to work. It is important to understand this so that you can know what to expect and so that you can make sure that your rights are never violated by the authorities in Kansas.

First of all, though you can be pulled over if the officer is suspicious that you are driving under the influence, you cannot be arrested unless your BAC is at least 0.08 or higher. This is the minimum, as it is in many states. It is worth noting, though, that you could still be picked up if you refuse a breath test and so the officer has to decide if you are under the influence without an official BAC reading.

As far as the exact punishment that you will receive if you are convicted, it all differs based on how many offenses you have. For a first offense, for example, you either get 48 hours behind bars or 100 hours doing community service. You could get a fine that is between $500 and $1,000.

For a second offense, everything goes up. Your fine could be between $1,000 and $1,500. You could get anywhere from 90 days in jail to an entire year. In both cases, you have to go through a course for alcohol abuse. This trend of increased punishments continues for a third, fourth and fifth (or subsequent) offense.

Source: Kansas Department of Transportation, "Kansas DUI Laws" Oct. 20, 2014

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