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Underage DUI in Kansas

In Kansas, it is against the law for any person under the age of 21 to operate or attempt to operate a vehicle with a blood or breath alcohol of .02 but less than .08.  This is different from a regular DUI which sets the legal limit at .08.

Penalties for drivers under the age of 21 who fail a test with a blood alcohol above .02 but less than .08 receive a license suspension of 30 days for a first offense and for subsequent offenses their driving privileges will be suspended for one year.   Further, they will be disqualified from driving a commercial vehicle.

If a person under the age of 21 fails a test with a blood alcohol of .08 they are subject to the regular DUI laws and penalties in Kansas.  However, if the person under the age of 21 fails a test with a blood alcohol concentration of .15 or higher the offender will be subject to a one year suspension followed by a one year restriction to driving only a vehicle equipped with an ignition interlock device.  Upon second or subsequent convictions, the offender will be subject to common DUI penalties and restrictions.  Similarly, underage driver will be subject to the same penalties, suspensions and restrictions for test refusal as a common DUI offender.

 


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