According to a recent study, Kansas was ranked the 5th toughest state on drunk driving in the nation. Key penalties under the state’s DUI laws such as mandatory jail times, length of license suspension, ignition interlock requirements and amount of fines contribute to making Kansas among the strictest states when it comes to DUI convictions.
DUI Lookback Period and Priors
A person’s level of offense and penalties 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 conviction. If convicted of a first-time DUI, your offense will be a class B misdemeanor. A second DUI conviction will result in a class A misdemeanor.
*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 drunk driving conviction occurred within 10 years of either of your prior convictions. If so, you will be charged with a felony DUI. However, if both prior convictions happened over 10 years ago, your third DUI will be a class A misdemeanor, if you are convicted.
The following table summarizes the penalties for a nonperson misdemeanor DUI conviction:
| DUI Penalties: | Minimum Jail Time | Max Jail Time | Minimum Fine ($$) | Maximum Fine ($$) | License ($) Suspension | Ignition ($) Interlock | Alcohol ($) Program |
1st DUI .08<.15 | 90 days | 6 months | $750 | $1,000 | 30 days | 6 -12 mos. | Yes. |
2nd DUI .08<.15 | 90 days | 1 year | $1,250 | $1,750 | 1 year | 1 year | Yes. |
3rd DUI .08<.15 | 90 days | 1 year | $1,750 | $2,500 | *1 year | 2 year | Yes. |
1st DUI >.15 | 90 days | 6 months | $750 | $1,000 | 1 year | 1 year | Yes. |
2nd DUI >.15 | 90 days | 1 year | $1,250 | $1,750 | 1 year | 2 years | Yes. |
3rd DUI >.15 | 90 days | 1 year | $1,750 | $2,500 | *1 year | 3 years | Yes. |
*Note: The “Minimum Jail Time” in the table above is the minimum to which the court can sentence a person if convicted of a DUI. However, the court will usually grant probation from that sentence. The driver must serve at least the statutory mandatory minimum of 48 hours in custody on a first DUI conviction before probation can be granted, and 48 hours in custody followed by 120 hours of house arrest on a second DUI conviction. For a third DUI conviction you have to serve the minimum of 48 hours in custody and 2,160 hours of house arrest before you can be placed on a post-incarceration period of supervision.
In addition to the fine imposed, costs for the ignition interlock device (IID), 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.
Collateral Consequences of a Kansas DUI
Unfortunately, there are a number of additional consequences to a DUI conviction in Kansas that are often left unmentioned, partly because some of them cannot be predicted and many may not apply to you. The broader effects that usually concern everyone include: higher auto insurance premiums (46% higher on average), diminished employment offers and loss of career options.
Other damaging consequences in the aftermath of a DUI conviction can occur, such as:
- Possible loss of school scholarships,
- Possible diminished consideration for college acceptance,
- Professional licensing issues,
- Occupational certification issues,
- Difficulties relocating (during IID/restricted driving period),
- Prohibited travel (some countries),
- Prohibition of being around alcohol-serving establishments,
- Loss of right to own firearms, and
- Social stigma and diminished social activity.
The best action you can take now is to fight against these DUI penalties, and other consequences, by hiring a well-qualified, highly experienced DUI defense attorney.
Defending your freedoms and rights is our #1 goal at Norton Hare.
Our defense attorneys are exceptionally qualified to represent you. We have a proven track record of getting the results our DUI clients want. Our lawyers know exactly what you are facing, and understand what is on the line for you and your future. Call today to talk with us about your case.
You will receive a free consultation with a highly experienced and well-regarded DUI lawyer. All your information is kept strictly confidential. Fill out our consultation form, or call us now at 913-906-9633.
