Harsher penalties for drivers convicted of DUI in Kansas went into effect on July 1, 2011. A centralized database was created as part of the new laws so that prosecutors and law enforcement can gain quick access to a person’s Kansas DUI history. Prior DUIs and high blood alcohol levels will significantly increase the time an ignition interlock device is mandated under the stricter laws. However, enacting the new database effectively set a cutoff date for the prior DUI criminal offense lookback period to no earlier than July 1, 2001. However, in the administrative action against your license, the lookback period is lifetime. Read on to understand how a third, fourth or fifth felony DUI conviction is penalized under Kansas law.
DUI Lookback Period and Priors
A person’s level of offense and punishment for a DUI conviction is generally determined by the lookback period, providing there were no injuries involved in the event. Any DUI convictions or diversions since July 1, 2001, will be considered and used to enhance a sentence if there is a subsequent DUI conviction.
*Important* You should understand that even successful completion of a Diversion Agreement does not keep the underlying event from remaining on your driving and arrest records.
Once the state or city knows you have 2 prior DUIs, it will consider whether the current charge occurred within 10 years of either of your prior convictions. If so, you will be charged with a DUI felony. However, if both prior convictions happened over 10 years ago, your third DUI will be a class A misdemeanor, if you are convicted. All fourth, fifth or subsequent offenses will be charged as felonies.
The following table summarizes the penalties for a felony DUI conviction in Kansas:
| DUI Penalties | BAC level: | Minimum Jail Time | Max Jail Time | Minimum Fine ($$) | Maximum Fine ($$) | License ($) Suspension | Ignition ($) Interlock | Alcohol ($) Program |
3rd DUI .08<.15 | 90 days | 1 Year | $1,750 | $2,500 | 1 year | 2 years | Yes. |
4th DUI .08<.15 | 90 days | 1 year | $2,500 | $2,500 | 1 year | 3 years | Yes. |
5th DUI .08<.15 | 90 days | 1 year | $2,500 | $2,500 | 1 year | 10 years | Yes. |
3rd DUI | 90 days | 1 year | $1,750 | $2,500 | 1 year | 3 years | Yes. |
4th DUI | 90 days | 1 year | $2,500 | $2,500 | 1 year | 4 years | Yes. |
5th DUI | 90 days | 1 year | $2,500 | $2,500 | 1 year | 10 years | Yes. |
In addition to the fine imposed, costs for the ignition interlock device, any alcohol program, the alcohol assessment and court and license reinstatement fees are all at the violator’s expense.
*Habitual Offenders Those convicted of a DUI for a third time may face proceedings from the Dept. of Revenue to have their driver’s license revoked for 3 years under its habitual violators policy. Multiple offenders may also have their driving privileges revoked indefinitely.
Incarceration, Probation and House Arrest
If convicted of a third DUI, you must spend 90 days in custody before qualifying for probation. However, after serving the first 48 hours of your sentence in jail, the remainder can be served either in a work release program, or on house arrest with electronic monitoring.
After a fourth or fifth DUI conviction, the offender must spend 72 hours in jail before being allowed to serve the remaining mandatory incarceration period in either a work release program or on house arrest with electronic monitoring. In addition, the offender must be placed on one year of supervision during which they must also attend a substance abuse treatment program.
Other restrictions under the work release or house arrest options apply. Courts are under no obligation to grant any of the alternatives allowed by law, and an experienced DUI attorney can help you decide the best sentencing strategy for your particular circumstances.
Nothing is “automatic” in Kansas DUI laws. No matter what you may have been told, heard or even read elsewhere on the web, there is no such thing as an automatic penalty under the laws. However, there are many time-sensitive elements and some deadlines that cannot be missed in the fight against a conviction and administrative actions. That is why the best criminal defense and DUI lawyers urge anyone accused of drunk driving to act quickly in securing a qualified defense attorney.
At Norton Hare, defending your freedoms and rights is our #1 goal. Our defense attorneys are exceptionally qualified to represent you in a DUI case. We have a proven track record of getting the results our DUI clients want. We know what you are facing, and we understand what’s on the line for you and your future. Call today to talk with us about your case: 913-906-9633.
