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A DUI conviction in Kansas leads to more than just fines or possible jail time—it also affects your ability to drive. One of the most immediate and long-lasting consequences of a DUI arrest or conviction is the suspension of your driver’s license. Understanding how long a license suspension lasts and what factors affect that duration is essential for anyone facing a DUI charge in Kansas.
Kansas imposes specific suspension periods that vary based on whether it’s your first offense or a repeat violation. Other factors such as your blood alcohol content (BAC), refusal to submit to chemical testing, and any prior administrative actions on your license can also affect the length and terms of your suspension. It’s important to note that license suspensions can happen both before and after a conviction—through the administrative process (handled by the Kansas Department of Revenue) and the criminal court process.
This post breaks down how license suspensions work under Kansas DUI laws. From first offenses to more serious repeat violations, we’ll explain the timeframes, how refusal to test plays a role, and what steps are involved in regaining driving privileges. This article is designed for informational clarity, helping Kansas drivers understand what to expect regarding license suspension following a DUI.
Administrative License Suspension After a DUI Arrest in Kansas
In Kansas, license suspension can begin shortly after a DUI arrest—even before a court conviction—through an administrative process. This occurs if a driver either fails a chemical test (typically by registering a BAC of 0.08% or higher) or refuses to take the test altogether. In both cases, the officer issues a DC-27 form, which acts as a temporary license and notice of suspension.
The driver then has 14 calendar days to request a hearing with the Kansas Department of Revenue to contest the suspension. If no hearing is requested or the suspension is upheld, the following administrative penalties apply:
- First offense (failed test): 30-day suspension followed by 180 days of restricted driving with an ignition interlock device (IID)
- First offense (test refusal): 1-year suspension followed by 2 years of IID
- Second offense (failed test): 1-year suspension + 1 year IID
- Second offense (test refusal): 1-year suspension + 3 years IID
- Third or subsequent offenses: 1-year suspension + 3 to 10 years IID, depending on prior history
Administrative suspensions are separate from any penalties imposed by the court. Even if a driver is found not guilty in court, the administrative license suspension may still be enforced unless overturned at the hearing.
Criminal Court License Suspension After DUI Conviction
In addition to administrative actions, Kansas courts may impose separate license suspensions upon conviction for a DUI. These court-ordered suspensions often mirror the administrative penalties but can vary depending on plea agreements, prior offenses, and whether an IID is ordered.
For most first-time DUI convictions, the court may impose:
- 30-day full license suspension
- Followed by 180-day ignition interlock device (IID) period
For repeat offenses, the consequences are more severe:
- Second conviction: 1-year license suspension + 1-year IID
- Third or subsequent conviction: 1-year license suspension + 2–10 years of IID use, depending on circumstances
These suspensions are often imposed alongside jail time, probation, and mandatory alcohol education or treatment programs. The court has some discretion, but it must adhere to state minimum requirements. The IID period begins only after the suspension period ends, meaning drivers may be out of full driving privileges for well over a year.
How Refusing a Chemical Test Affects Suspension Duration
Kansas follows an implied consent rule, which means all licensed drivers are considered to have agreed to chemical testing if lawfully arrested for DUI. Refusing a test triggers harsher license suspension penalties, even if it’s a first offense.
- First refusal: 1-year suspension + 2 years of IID
- Second refusal: 1-year suspension + 3 years of IID
- Third or subsequent refusal: 1-year suspension + 4–10 years of IID
Refusals are processed through the administrative system and carry mandatory suspension regardless of the outcome of the criminal case. Refusal penalties are often longer than if the person had failed the test, reflecting Kansas’s attempt to discourage non-compliance during DUI investigations.
It’s worth noting that these suspensions and IID requirements are not negotiable, and they apply automatically unless the driver wins their administrative hearing.
Ignition Interlock Device (IID) Requirements in Kansas
An ignition interlock device is a key component of the DUI license reinstatement process in Kansas. After the suspension period ends, the driver may become eligible for restricted driving privileges, but only with an IID installed in their vehicle.
The IID must be installed and maintained at the driver’s expense and requires the driver to pass a breath test before the vehicle can start. The duration of IID use varies based on offense type and history:
- First offense (failed test): 6 months to 1 year IID
- First offense (refusal): 2 years IID
- Second offense: 1 to 3 years IID
- Third or more offenses: 3 to 10 years IID
Kansas law requires continuous compliance during the IID period. Tampering with the device, failing to maintain it, or missing required calibrations can lead to extensions of the IID term or reinstatement of full suspension.
License Reinstatement Process After DUI Suspension
Reinstating a license in Kansas after a DUI-related suspension involves several steps. Once the suspension and IID period are complete, the driver must:
- Pay a reinstatement fee to the Kansas Department of Revenue.
- Submit proof of IID installation, if required.
- Provide SR-22 insurance certification for a specified period (usually one year).
- Complete any court-ordered programs, such as alcohol education or treatment.
- Reapply for a driver’s license, if the original license expired during the suspension period.
It’s important to note that reinstatement is not automatic. Failure to meet any of the above conditions can result in delays or denial of license reinstatement. The Kansas Driver Solutions department provides guidance on the required forms and documentation needed to reinstate a license after DUI suspension.
Differences Between Administrative and Criminal Suspensions
Many drivers are surprised to learn that Kansas imposes two separate suspension processes for a DUI—one administrative and one criminal. These systems operate independently and may result in overlapping or consecutive suspensions.
- Administrative suspension: Triggered immediately after a failed or refused test; handled by the Kansas Department of Revenue.
- Criminal suspension: Imposed by the court following a DUI conviction; may reflect different timeframes.
In some cases, the two suspensions can run concurrently, meaning they are served at the same time. In others, especially for serious or repeat offenses, the suspensions may run consecutively, extending the total period during which the driver is ineligible for full driving privileges.
Understanding these dual processes is essential, as they affect not only how long your license is suspended but also your eligibility for restricted driving or early reinstatement through IID use.
FAQ About DUI-Related License Suspension in Kansas
How long is a license suspended for a first DUI offense in Kansas?
A first DUI typically results in a 30-day suspension, followed by 180 days of ignition interlock use, assuming a failed chemical test.
What happens if I refuse a breathalyzer test?
Refusing a chemical test triggers a 1-year suspension and a 2-year ignition interlock requirement, even for a first offense.
Can I drive during the suspension period?
No. However, after the full suspension period, you may qualify for restricted driving privileges with an ignition interlock device.
Does the license suspension affect commercial drivers differently?
Yes. Commercial drivers face stricter standards and may lose their CDL privileges entirely, depending on the nature and timing of the offense.
Is it possible to shorten the suspension period?
Kansas law does not generally allow for shortened suspension periods. However, compliance with all conditions may help avoid further delays in reinstatement.
Conclusion
A DUI in Kansas brings significant license-related consequences, with suspension lengths depending on the number of offenses, whether chemical testing was refused, and other circumstances. From administrative penalties that begin immediately after arrest to criminal court-ordered suspensions that follow a conviction, understanding the full scope of license suspension is critical for anyone navigating the Kansas DUI process.
To learn more about DUI penalties and consequences in Kansas, including jail time, fines, and additional impacts, visit:
DUI Penalties and Consequences
For specific information about license suspension and driving restrictions after a DUI, read this detailed resource:
License Suspension and Driving Restrictions After a DUI