Offenses Related to Kansas DUI

Often, a DUI is not the only citation that a driver receives. Other tickets that may also be issued may be for speeding, failing to maintain a single lane, failure to obey a traffic signal, etc. Those traffic tickets, while considered moving violations, are less serious and carry only fines as punishment. What follows below is a list of offenses that also get charged with a DUI frequently but that have much harsher penalties.

DRIVING WHILE SUSPENDED: Driving while suspended as a result of an alcohol related offense carries very serious consequences.

• First Time: A Class B misdemeanor punishable by at least a $100.00 fine and up to 6 months in jail. Probation may be granted.
• Second Time: A Class A misdemeanor punishable by at least a $100.00 fine and up to one year in jail. Persons convicted of a second driving while suspended are not eligible for probation until they have served five days in jail.
• Third and Subsequent Times: A Class A misdemeanor punishable by at least a $100.00 fine and up to one year in jail. Persons convicted of a second driving while suspended are not eligible for probation until they have served five days in jail. However, if the suspension was due to refusing to submit to a breath or blood test, or for a conviction for failing to have insurance, being a habitual violator, vehicular homicide, or involuntary manslaughter there is a mandatory minimum sentence of 90 days in jail and a minimum fine of $1,500.00.

DRIVING WHILE SUSPENDED FOR A DUI : People who get a subsequent DUI while suspended for a DUI, are subject to all of the above, but they must also serve a mandatory 90 day jail sentence.

DRIVING IN VIOLATION OF AN IGNITION INTERLOCK REQUIREMENT: Tampering with or circumventing an ignition interlock is a Class A misdemeanor. On the first offense, an additional 90 days of ignition interlock will be added to the person’s restriction. On a second offense the original ignition interlock requirement period will be restarted.
Operating a vehicle without an ignition interlock device when one is required will result in the Department of Revenue restarting the original ignition interlock period requirement.
Blowing into an ignition interlock to allow someone else to drive a vehicle is a Class A misdemeanor.

OPEN CONTAINER: An Open Container violation is transporting an alcohol container in a vehicle (even if it has only a couple drops of alcohol in it, i.e., a crushed beer can). It is punishable by up to six months in jail and a maximum $200.00 fine. On a second conviction the person's driver's license is suspended for a year. Also, an Open Container on a driving record may result in the period of ignition interlock requirement to be 12 months instead of 6 months in the event of a first time DUI occurrence with a breath test under .150.

MINOR IN POSSESSION: A minor in possession or consumption charge may be filed whenever a person under the age of 21 possesses or consumes alcohol. It is a Class C misdemeanor if the minor is between 18 and 21 years old, and is punishable by a minimum $200.00 fine and possible jail time. For minors under the age of 18, it is punishable by at least $200.00 and not more than $500.00. Further, there may be 40 hours of community service and some alcohol education classes ordered by the court. Also, there is a mandatory 30 day suspension of the minor's driver's license for a conviction of minor in possession. Click here for more information! Also, an MIP/MIC on a driving record may result in the period of ignition interlock requirement to be 12 months instead of 6 months in the event of a first time DUI occurrence with a breath test under .150.

POSSESSION OF SUSPENDED, CANCELED OR REVOKED DRIVER'S LICENSE: It is illegal to possess a suspended, cancelled or revoked driver’s license.

Go to next document (Non-Judicial Penalties)

Go to DUI Guide table of contents

top of page