Is a DUI a felony in Kansas?
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At the third conviction — but only if a prior falls inside ten years. Kansas is one of the few states where whether a third DUI is a felony depends on timing rather than on the count alone. A third conviction is a class A nonperson misdemeanor by default. It becomes a severity level 6 nonperson felony only if the person has a prior conviction that occurred within the preceding ten years, and the statute excludes any period of incarceration from that calculation — so time spent in custody does not run down the clock. A fourth or subsequent conviction is a severity level 6 nonperson felony with no timing condition at all. On both felony tiers the confinement condition is the same: at least thirty days, beginning with at least forty-eight consecutive hours of actual imprisonment, after which work release or monitored house arrest may carry the remainder, with hour-for-hour credit for the first 240 hours. The court may direct that the prison term be served in a facility designated for substance abuse treatment.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in KS — and the paperwork will use none of them. Kansas charges it under a section number, and that is what decides the range below.
Grade. Severity level 6 nonperson felony
Confinement. At least 30 days of confinement as a condition of probation, 48 hours of it consecutive imprisonment
Fine. $1,750 to $2,500 on a third conviction
Kansas Statutes § 8-1567 · Kan. Stat. § 8-1567(b)(1)(C), (b)(1)(D), (b)(1)(E), (b)(2)(A) · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A third conviction with a prior inside the preceding ten years | Severity level 6 nonperson felony | A third conviction is a class A nonperson misdemeanor by default and a felony only if one prior falls within the preceding ten years — and the statute excludes any period of incarceration from that calculation, so time in custody does not run the clock down. Kansas Statutes § 8-1567 · Kan. Stat. § 8-1567(b)(1)(C), (b)(1)(D) · checked 2026-09-06 |
| A fourth or subsequent conviction, whenever the priors happened | Severity level 6 nonperson felony | At the fourth the timing condition disappears entirely. Probation requires at least thirty days of confinement beginning with forty-eight consecutive hours of actual imprisonment; the remainder may run through work release or monitored house arrest, with hour-for-hour credit for the first 240 hours. Kansas Statutes § 8-1567 · Kan. Stat. § 8-1567(b)(1)(E) · checked 2026-09-06 |
The device is a separate track
Kansas runs the interlock after the suspension, not instead of it: below 0.15% a first occurrence means 30 days of suspension and then six months or a year restricted to an interlock-equipped vehicle; at 0.15% or above it is a full year of suspension first, then a year on the device. Driving a car without the device restarts the whole restriction.
In Kansas the interlock term runs 6–12 months and is administered by Kansas Department of Revenue, Division of Vehicles — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Kansas DUI questions
Is a DUI a felony in Kansas?
At the third conviction — but only if a prior falls inside ten years. Kansas is one of the few states where whether a third DUI is a felony depends on timing rather than on the count alone. A third conviction is a class A nonperson misdemeanor by default. It becomes a severity level 6 nonperson felony only if the person has a prior conviction that occurred within the preceding ten years, and the statute excludes any period of incarceration from that calculation — so time spent in custody does not run down the clock. A fourth or subsequent conviction is a severity level 6 nonperson felony with no timing condition at all. On both felony tiers the confinement condition is the same: at least thirty days, beginning with at least forty-eight consecutive hours of actual imprisonment, after which work release or monitored house arrest may carry the remainder, with hour-for-hour credit for the first 240 hours. The court may direct that the prison term be served in a facility designated for substance abuse treatment. A third conviction with a prior inside the preceding ten years: severity level 6 nonperson felony. A fourth or subsequent conviction, whenever the priors happened: severity level 6 nonperson felony.
What does a 3rd DUI in Kansas carry?
Severity level 6 nonperson felony: at least 30 days of confinement as a condition of probation, 48 hours of it consecutive imprisonment, and a fine of $1,750 to $2,500 on a third conviction. The range is set by Kan. Stat. § 8-1567(b)(1)(C), (b)(1)(D), (b)(1)(E), (b)(2)(A), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Kansas?
A third conviction with a prior inside the preceding ten years — severity level 6 nonperson felony. A fourth or subsequent conviction, whenever the priors happened — severity level 6 nonperson felony.
Does an interlock come with it in Kansas?
Kansas runs the interlock after the suspension, not instead of it: below 0.15% a first occurrence means 30 days of suspension and then six months or a year restricted to an interlock-equipped vehicle; at 0.15% or above it is a full year of suspension first, then a year on the device. Driving a car without the device restarts the whole restriction. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Kansas Department of Revenue, Division of Vehicles.
Other steps in Kansas: first offense penalties and second offense penalties.
All Kansas DUI rules →Penalties across the states →Kansas DUI lawyers →Getting the license back →
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