In Kansas, driving under the influence is simply operating (or attempting to operate) any vehicle while:

Under the influence of alcohol and/or drugs, making the person unable to safely drive a vehicle;
A persons alcohol concentration in their blood or breath is shown to be .08 or more.

(Alcohol Concentration is the number of grams of alcohol per 100 milliliters of blood or 210 liters of breath.)
Penalties of driving under the influence include:

First Offense/Conviction: A Class B, nonperson

misdemeanor, that carries a sentence of between
48 hours and six months imprisonment (or 100
public service hours at the discretion of the court),
and a fine between $750 and $1,000.
Second and Third Offenses/Convictions: A Class
A, nonperson misdemeanor, that carries a sentence
of between 90 days and one year imprisonment,
and a fine between $1,250 and $1,750. A third
offense that occurs within 10 years of the previous
offense is considered a nonperson felony.
Fourth and Subsequent Offenses/Convictions: A
nonperson felony that carries a sentence of
between 90 days and one year imprisonment, and a
fine of $2,500.

(Imprisonment includes any approved restrained environment intended to retain custody and control of the
defendant, like prison or house arrest.)
A sentence may also be served in a state facility designated for the provision of substance abuse treatment.; if
there was one or more children under the age of 14 years in the vehicle at the time of the offense, the
punishment will be enhanced by one month, up to the maximum sentence allowable by law (but how the
enhanced punishment is served is at the discretion of the court); at the discretion of the court, community service
may be served in lieu of payment for a fine (in an amount of $5 for each full hour in the specified community
service); and no plea bargain may be entered or approved in order to avoid the mandatory penalties.

Common Offenses Charged with a DUI:

1. Open container in a moving vehicle, even if it is only a bottle with a few drops or a crushed.

First time: Punishable by 6 months in jail and a $200 fine.

Second time: Possible suspension of license, or an ignition interlock system installed for 6 to 12
months, depending on the breath test.

2. Driving with a license that was suspended due to an alcohol related offense:

First time: A class B misdemeanor, with at least a $100 fine and up to six months in jail with
possible probation.
Second time: A class A misdemeanor, with at least a $100 fine and up to twelve months in jail.
Parole may be possible after at least five days of jail time is served.
Third time and subsequent: A class A misdemeanor, with at least a $100 fine and up to twelve
months in jail. Parole may be possible after at least five days of jail time is served. However, the
suspension was due to the refusal of a blood or breath test, committing vehicular or involuntary
manslaughter, being a habitual violator, or no insurance, the mandatory sentence is a minimum of
90 days in jail and a minimum fine of $1,500.

3. Driving with a license that was suspended due to a DUI or DWI. Those in violation are subject to all of
the above, but must also serve a mandatory 90 days in jail.
4. Driving in violation of the ignition interlock system. Tampering with the ignition interlock is immediately
classified as a Class A misdemeanor.

The first offense: An additional 90 days using the system.

The second offense: Restarts the initial interlock period.

Driving a vehicle that does not have an ignition interlock when one is required, will also restart the initial
interlock period. And blowing into a system to allow another person to drive is a Class A misdemeanor.
5. A minor (anyone under 21 years of age) in possession or consuming alcohol.

A minor is between 18 and 21: A Class C misdemeanor punished by a $200 fine and possible jail
time.
A minor under the age of 18: Punishable by a fine between $200 and $500, a mandatory license
suspension of 30 days, and possibly 40 hours of community service and alcohol education classes.

6. Possession of a canceled, suspended, or revoked drivers license.

For More Information Please Visit:

http://www.kansas-dui.com