Driving under the influence (DUI) is taken very seriously in Kansas because the state is committed to keeping roads safe. If you’re facing a DUI charge or just want to know more about the laws, it’s important to understand the penalties you might face. Kansas has a system where DUI penalties get tougher with each repeated offense. Here’s a simple explanation of what to expect if you’re convicted of a DUI in Kansas.
1. First DUI Offense in Kansas
For first-time offenders, Kansas law imposes strict penalties, although they are less severe than for repeat offenders. A first DUI offense is typically considered a misdemeanor, but the consequences can still be significant.
Fines and Jail Time
Fines: A first DUI offense carries a fine ranging from $750 to $1,000.
Jail Time: Offenders may face between 48 hours to 6 months in jail. In some cases, this can be served through house arrest or a work-release program.
License Suspension and IID
License Suspension: Your driver’s license will be suspended for 30 days, followed by a 330-day period with a restricted license.
Ignition Interlock Device (IID): After the suspension period, you’ll be required to install an IID on your vehicle for 12 months.
Mandatory Evaluation
Alcohol and Drug Evaluation: You will be required to undergo an alcohol and drug evaluation, with mandatory treatment if recommended.
2. Second DUI Offense in Kansas
A second DUI offense within 10 years is also a misdemeanor, but the penalties are more severe than for a first offense.
Fines and Jail Time
Fines: Fines increase to between $1,250 and $1,750.
Jail Time: Offenders must serve a minimum of 90 days in jail, with a maximum of up to 1 year. At least 5 days must be served behind bars.
License Suspension and IID
License Suspension: A second offense results in a 1-year license suspension, followed by another year with a restricted license.
Ignition Interlock Device (IID): The IID requirement may extend up to 2 years.
Mandatory Treatment
Alcohol and Drug Treatment: Participation in a state-approved alcohol and drug treatment program is mandatory.
3. Third DUI Offense in Kansas
A third DUI offense within 10 years of the previous convictions is classified as a felony in Kansas. The penalties are much harsher and reflect the seriousness with which the state views repeat offenses.
Fines and Jail Time
Fines: You can be fined between $1,750 and $2,500.
Jail Time: Jail time ranges from 90 days to 1 year, with a mandatory minimum of 90 days served in jail.
License Suspension and IID
License Suspension: The driver’s license will be suspended for 1 year, followed by a 2-year restricted license.
Ignition Interlock Device (IID): You will be required to use an IID for 3 years.
Mandatory Treatment
Alcohol and Drug Treatment: Completion of a treatment program is required.
4. Fourth and Subsequent DUI Offenses in Kansas
A fourth or subsequent DUI offense is also a felony and comes with even stricter penalties.
Fines and Jail Time
Fines: Fines can go up to $2,500.
Jail Time: There is a mandatory jail sentence of 90 days to 1 year, with no possibility of probation, parole, or early release until the 90 days are served.
License Suspension and IID
License Suspension: The offender’s license will be suspended for 1 year, followed by a 3-year restricted license.
Ignition Interlock Device (IID): An IID may be required for up to 10 years.
Permanent Criminal Record
Criminal Record: A fourth or subsequent DUI will remain on your criminal record permanently, which can have significant long-term consequences.
Enhanced Penalties for Aggravating Factors
Certain circumstances can lead to enhanced penalties, even for a first DUI offense. These include:
Child Endangerment
Child in Vehicle: If a minor under 14 years old was in the vehicle during the DUI, additional penalties may apply.
High Blood Alcohol Concentration (BAC)
BAC of 0.15% or Higher: A BAC of 0.15% or more can result in more severe penalties, including longer license suspensions and extended IID requirements.
Refusal to Submit to Testing
Refusal to Take a Breathalyzer Test: Under Kansas’s implied consent law, refusing a breathalyzer or chemical test can result in an automatic 1-year license suspension and may be used as evidence against you in court.
Also read: Turning Trauma into Triumph: Laredo car accident lawyer
Ways to Get DUI Charges Dropped
1. Challenge the Traffic Stop
One of the best ways to fight a DUI charge is to question whether the police had a good reason to stop your car. If the officer didn’t have a valid reason, any evidence they found, like breathalyzer results, might not be allowed in court.
2. Question the Evidence
The prosecution has to show that you were driving while under the influence. If there were problems with the evidence, such as:
- Field sobriety tests weren’t done correctly
- The breath or blood test results were incorrect.
- There wasn’t a good reason to arrest you
Your lawyer can look for mistakes in the evidence and might be able to get your charges dropped.
3. Use the DUI Diversion Program
If this is your first DUI offense, Kansas offers a program called DUI diversion. You agree to certain conditions, like:
- Going to an alcohol evaluation
- Completing an alcohol education program
- Staying away from alcohol for a set time
If you complete the program, your charges could be dropped. However, the DUI might still show up on your driving record. This program is usually for first-time offenders with no prior DUIs and no serious injuries in the incident.
4. Negotiate with the Prosecutor
A good DUI lawyer can talk to the prosecutor and try to get your charges reduced. They might offer a plea deal, where you plead guilty to a less serious charge, like reckless driving, which has lighter penalties than a DUI.
5. Use Legal Technicalities
If the prosecutor doesn’t file the charges within the legal time frame (usually five years in Kansas), the charges can be dropped. Also, if your rights were violated during the arrest or when collecting evidence, your lawyer might use this to get the charges dismissed.
6. Bring in Expert Witnesses
Sometimes, expert witnesses can be used to question the accuracy of breathalyzer or field sobriety tests. If the expert can show that the tests were unreliable, it might weaken the case against you.
Why You Need a Lawyer
Handling DUI charges in Kansas can be confusing, and having a skilled DUI lawyer is very important. They can help you understand your rights, look at the details of your case, and build a strong defense. Getting a lawyer involved early can make a big difference and might help you get your charges dropped or reduced.
