Kansas DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Kansas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Kansas, consult a licensed Kansas criminal defense attorney.

Kansas DUI / DWI Penalties

OffensePenalty
First Offense48 hours–6 months jail, $750–$1,000 fine, 30-day suspension
Second Offense90 days–1 year jail, $1,250–$1,750 fine, 1-year suspension

Diversion may be available for first-time offenders

DUI / DWI Statute of Limitations in Kansas

In Kansas, the general statute of limitations for a felony is 5 years and for a misdemeanor is 2 years.

See all Kansas statutes of limitations →

Defending Against DUI / DWI Charges in Kansas

Common defenses in Kansas dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Kansas criminal defense attorney for advice.

Related Kansas Laws