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Kansas

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Cannabis Prohibition

DUID: Implied Consent Testing Methods

Blood, urine, and other bodily substances

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Underage Drinking Legislation

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Stimulants

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

No license suspension

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Utilizes No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

8-1001 - Learn More
Any person who operates or attempts to operate a vehicle within this state may be requested, subject to the provisions of this article, to submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs.

Blood

8-1001 - Learn More
Any person who operates or attempts to operate a vehicle within this state may be requested, subject to the provisions of this article, to submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs.

Urine

8-1001 - Learn More
Any person who operates or attempts to operate a vehicle within this state may be requested, subject to the provisions of this article, to submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs.

Oral Fluids

8-1001 - Learn More
Oral fluids not mentioned directly in statute

Other

8-1001 - Learn More
Any person who operates or attempts to operate a vehicle within this state may be requested, subject to the provisions of this article, to submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs.

DUI Statutes

Drugs

8-1567 - Learn More
Defined as operating or attempting to operate any vehicle w/ 0.08 or more; under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle; under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.

Combined/Multiple Substance

8-1567 - Learn More
Defined as operating or attempting to operate any vehicle w/ 0.08 or more; under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle; under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

8-1001 - Learn More
Driving privileges suspended for a period of one year

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

8-1001 - Learn More
Refusal to submit to testing may be used against the person at any trial or hearing on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both

Criminal Trial

8-1001 - Learn More
Refusal to submit to testing may be used against the person at any trial or hearing on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both

ALR Laws

Cannabis

8-1014 - Learn More
Not specific to cannabis, but for any impaired driving arrests.

Length/Time of Restriction

8-1014 - Learn More
30 days for first offense; one year for 2nd or subsequent offenses; one year for refusing a test

Hardship License Available

8-1015 - Learn More
Limited restricted driving privilege in lieu of a suspension after a certain amount of the suspension period has passed. Gives suspended drivers partial restoration of driving privileges for the purposes of getting to and from work, school or alcohol treatment programs.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

8-1014 - Learn More
Interlock required for all DUI offenders, regardless of substance

Other Drugs

8-1014 - Learn More
Interlock required for all DUI offenders, regardless of substance

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No
Alcohol only

Cannabis Per Se Statute

No
Statute indicates driver must be under the influence to a degree that renders the person incapable of safely driving a vehicle

Threshold

n/a

Nanogram Limit

n/a

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

8-1567 - Learn More
Substance abuse treatment required on second or subsequent offense – not specific to alcohol or other drugs

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

8-1567 - Learn More
First offense: minimum 48 hours in custody; $1,000 fine; 30-day license suspension; 330 days restricted driving (w/ interlock)
Second offense: minimum 90 days in jail; up to $1,500 fine; one-year license suspension; complete treatment program; restricted license for one year (w/ interlock)
Third and subsequent offense: minimum of 90 days in jail; up to $2,500 fine; one-year license suspension; complete treatment program; restricted license (must have interlock) for 2 years (3rd offense)/3 years (4th offense)/10 years (5th offense)

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

8-1567 - Learn More
Yes, defined as operating or attempting to operate any vehicle under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No Data Available

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

8-1567 - Learn More
Any person 18 years of age or older convicted of violating this section or an ordinance which prohibits the acts that this section prohibits who had one or more children under the age of 18 years in the vehicle at the time of the offense shall have such person's punishment enhanced by one month of imprisonment.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

Allowed statewide

By Locality

Allowed statewide

Law Enforcement Phlebotomy Program

No formal program at this time

Oral Fluid

For Drug Detection

Admissibility limited to challenges of arrest

Roadside - Not Evidential

Admissibility limited to challenges of arrest

Evidential

Results of testing may be used against the person at any trial or hearing on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both

Roadside and Evidential

See above sections

Minimum Legal Age for Cannabis Consumption

None

Underage Cannabis Laws and Penalties

Underage Possession

No Data Available

Underage Consumption

No Data Available

Underage Purchase

No Data Available

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

No exemptions

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

None
Addresses alcohol only (see 21-5608 - Learn More

Drugs

None
Addresses alcohol only (see 21-5608 - Learn More

Penalties for Retailers Who Knowingly Sell to People Under 21

There are no retail sales in Kansas.

Other

No Data Available