Kansas DWI Laws and Driving Records

DWI or driving while intoxicated is another term for the DUI offense in the state of Kansas.  Statistics from various sources reveal that 33 alcohol related deaths occur every minute throughout the state. The Government of Kansas takes severe measures against DWI offenders while the various law enforcement agencies of the state take every step necessary to combat Kansas DWI offenders intent on jeopardizing the lives of other law abiding citizens of the state.

DWI Charges

A Kansas DWI charge is considered to be serious in nature and should not be dismissed lightly. Although most instances of DWI are treated as misdemeanors, cases where the vehicle was involved in an accident resulting in death or serious bodily injury are treated felonies and punished accordingly.

Apart from the many criminal charges that can be brought against you, the Department of Transportation in Kansas also suspends the driving privileges for a specified period of time depending on the exact nature of Kansas DWI charges against you. The DUI/DWI laws of the state can be found by accessing the official website of the department at http://www.ksdot.org/burTrafficSaf/alcdriv/DUILaws.asp.

Blood Alcohol Concentration Level

The presence of .08 percent of alcohol in the blood stream is considered to be conclusive proof of driving while intoxicated. This is known as per se evidence as the law of Kansas does not consider any further clarification of the reason for increase of BAC levels.

Apart from alcohol, a number of addictive drugs leading to intoxication are considered to be DWI offense as well. DWI involving a minor child less than 14 years of age is a serious offense too and you will have to face an additional month of incarceration if you are convicted on DWI charges with a child passenger in the car.

Implied Consent

Holding a driver’s license in the state of Kansas implies that you will have no objection to a number of chemical tests by the law enforcement authorities if you are detained on suspicion of Kansas DWI offenses. Refusing to be tested is an offense in itself.

The Department of Motor Vehicles is authorized to suspend or revoke your driving license for up to one year in such circumstances. This penalty is independent of any DWI charge and may be imposed even if you manage to get acquitted of drunk driving charges. However, your penalty is likely to go up if you are found to be guilty of violating the DWI laws of the state as well.

Zero Tolerance

The zero tolerance law is strictly adhered to in the state of Kansas as in the rest of the country. The law has been in effect from the 1st of January, 1997 onwards. Youths under the age of 21 are not permitted to drive unless their BAC levels are  lower than 0.02 percent. The driving privileges are suspended immediately for a period of 30 days in case of a first time offense, and 330 days of restriction are also imposed on the under 21 driver for a first time violation of the zero tolerance law. Subsequent instances of the same offense entail greater punitive measures with the period of license suspension going up to one year. However, the offender will be treated like adult DUI and DWI offenders if found to have a BAC level above 0.08 percent.

Consequences of DWI offenses

A DWI conviction carries particularly harsh penalties with the fine amount going up to $2,500 and a jail time of up to a year. Driving privileges are suspended completely for an extended period and you may well have to attend a drug and alcohol abuse treatment program at your own expense. You incur additional costs of court expenses and probation supervision as well as increased insurance rates. Drivers responsible for driving commercial vehicles have the same penalties imposed upon them with the additional risk of losing their commercial driver’s license permanently thus rendering them incapable of pursuing a livelihood.

Traffic Safety Measures

Both the Department of Transportation as well as the Kansas Highway Patrol have several traffic safety measures in place. One of the most important is the different ways of avoiding a DUI or DWI offense. Details can be viewed at the Internet Resource of the highway patrol at http://www.kansashighwaypatrol.org/. The headquarters of the Department can also be contacted at

122 SW 7th
Topeka, KS 66603
Phone (785) 296-6800
Email info@khp.ks.gov

The Kansas Department of Transportation is located at

Dwight D. Eisenhower State Office Building
700 S.W. Harrison Street
Topeka, KS 66603-3754
Phone (785) 296-3566
Email publicinfo@ksdot.org

The details of other divisions dealing with traffic offenses as well as safety measures and reinstatement of licenses can be found by accessing the website at http://kdotapp2.ksdot.org/WelcomeContact/contact.aspx.

Driving Records

All DWI records are maintained by the department of transportation as a matter of routine. However, certain DWI felony cases may also be retrieved as part of a criminal records search process by going through the database of the concerned court of law. The Judicial system of Kansas does not permit expungement of DUI/DWI violation records under any circumstances.