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In Kansas, a DUI can be classified as either a misdemeanor or a felony, depending on the driver’s history and the specific circumstances of the offense. For many people, especially first-time offenders, a DUI is treated as a misdemeanor. But Kansas law also includes clear rules that escalate the charge to a felony when certain conditions are met—such as repeat offenses or aggravating factors like causing injury while driving under the influence.
Understanding the difference between a misdemeanor and a felony DUI is important because the classification affects everything from penalties and jail time to long-term consequences like employment restrictions and background checks. Whether a DUI is considered a misdemeanor or felony in Kansas depends largely on how many prior convictions you have, the time between offenses, and whether there are additional circumstances involved in the incident.
This article explains how DUI offenses are classified in Kansas, what makes a DUI a felony versus a misdemeanor, and how state law affects the penalties you may face. It’s written for informational purposes only to help clarify how Kansas handles impaired driving charges at different levels.
First and Second DUI Offenses Are Typically Misdemeanors
Under Kansas law, a first or second DUI offense is generally charged as a misdemeanor, unless there are unique aggravating factors involved. The state considers a first-time offense a Class B misdemeanor and a second offense within a 10-year period a Class A misdemeanor.
Here’s how these break down:
- First DUI (Class B Misdemeanor):
- Up to 6 months in jail
- $750 to $1,000 in fines
- License suspension and ignition interlock required
- Second DUI (Class A Misdemeanor):
- 90 days to 1 year in jail
- $1,250 to $1,750 in fines
- Longer license suspension and ignition interlock period
These misdemeanor offenses still carry serious penalties, but they do not result in felony-level criminal records. However, a second conviction marks a critical legal turning point, as any further DUI offenses are likely to be classified as felonies.
Third DUI Offense May Be a Felony or Misdemeanor Based on Timing
In Kansas, a third DUI can be either a misdemeanor or a felony, depending on the timing of the prior convictions. The key factor is the 10-year lookback period used to determine repeat offense status.
- If only one of the prior DUIs occurred within the last 10 years, the third offense is still treated as a Class A misdemeanor.
- If both prior DUIs occurred within the last 10 years, the third offense is elevated to a nonperson felony.
This classification shift reflects Kansas’s effort to penalize habitual impaired driving more severely. A third DUI felony conviction brings greater consequences, including longer jail time, stricter probation conditions, and felony status on your criminal record.
Fourth and Subsequent DUI Offenses Are Always Felonies in Kansas
Once a driver reaches a fourth DUI conviction, Kansas law mandates that all future DUI charges are automatically classified as felonies, regardless of the time between offenses. These are considered nonperson felonies, meaning they are not classified as violent crimes but still carry long-term consequences.
Penalties for a fourth or subsequent DUI felony include:
- Mandatory jail time: 90 days to 1 year
- Increased fines: Often over $2,500
- Extended ignition interlock period: 3 to 10 years
- Felony on criminal record: Affects employment, housing, and civil rights
Repeat felony DUI convictions may also result in stricter sentencing from judges, especially if the offenses occurred close together in time or involved high-risk behavior like refusal to test or high BAC levels.
Felony DUI Can Also Apply If Injury or Property Damage Occurs
In certain cases, a DUI may be charged as a felony even if it’s a first or second offense, especially when the incident involves aggravating circumstances such as:
- Causing injury or death while under the influence
- Driving with a suspended or revoked license
- DUI with a child passenger in the vehicle
If a DUI leads to serious injury or death, the driver may face additional charges such as vehicular battery or involuntary manslaughter, both of which are felonies under Kansas criminal law. These cases are prosecuted more aggressively and carry the possibility of longer prison sentences.
Additionally, DUI offenses committed while driving on a suspended license can be elevated to a felony, depending on the underlying reason for the suspension.
Long-Term Consequences of a Felony DUI in Kansas
Being convicted of a felony DUI in Kansas can have effects that go far beyond fines and jail time. Felony convictions appear on background checks and may limit future opportunities in the following ways:
- Employment restrictions, especially in regulated professions
- Loss of certain civil rights, such as the right to possess firearms
- Difficulty securing housing or loans
- Driver’s license revocation, often for extended periods
Kansas also requires longer ignition interlock periods for felony DUI convictions, typically ranging from 3 to 10 years. Felony DUIs may also lead to extended probation, during which the individual must report regularly and meet strict conditions.
Unlike some misdemeanors, felony DUIs are more difficult to expunge from your criminal record, and they carry a social and legal stigma that can last for years.
Administrative vs. Criminal Classifications
In Kansas, DUI consequences come from two systems: criminal courts and the administrative process managed by the Kansas Department of Revenue. While the court determines whether a DUI is a misdemeanor or felony, the administrative penalties—such as license suspension and ignition interlock requirements—apply regardless of criminal classification.
Here’s the key difference:
- Criminal Classification:
- Determines if the DUI is a misdemeanor or felony
- Based on conviction, prior offenses, and aggravating factors
- Handled by state courts
- Administrative Action:
- Applies after failed or refused chemical tests
- Results in license suspension and IID use
- Handled by the Kansas Department of Revenue
Even if your DUI is charged as a misdemeanor, you can still face serious administrative penalties, especially if you refused testing or had a high BAC.
FAQ About DUI Classifications in Kansas
Is a first DUI a felony in Kansas?
No. A first DUI is classified as a Class B misdemeanor, unless it involves aggravating circumstances like injury or driving on a suspended license.
When does a DUI become a felony in Kansas?
A DUI becomes a felony on the third offense if two prior convictions occurred within the last 10 years. All fourth and subsequent offenses are automatically felonies.
Can a second DUI be a felony?
Usually not. A second DUI is typically a Class A misdemeanor unless additional felony-level charges are involved (e.g., injury to others).
Does felony DUI mean longer jail time?
Yes. Felony DUI convictions carry mandatory jail time and are subject to longer ignition interlock and probation requirements.
What’s the difference between felony and misdemeanor DUI consequences?
Felonies bring longer sentences, higher fines, and lasting criminal record impacts, including limitations on rights and opportunities.
Conclusion
In Kansas, DUI offenses can be misdemeanors or felonies depending on your prior history and the severity of the incident. First and second offenses are usually misdemeanors, but third offenses—within 10 years—and all fourth or subsequent offenses are treated as felonies. Additional factors, such as injury or test refusal, may also influence the classification and resulting penalties. Understanding the distinction between misdemeanor and felony DUI charges is essential for grasping how Kansas enforces its impaired driving laws.
For a broader overview of how state DUI laws affect arrests and penalties, including classification differences, visit:
How State DUI Laws Affect Arrests and Penalties
To explore Kansas DUI laws in full, including penalties by offense and terminology used, start here:
State By State DUI Laws