Laws governing a DUI in Kansas are stiff. Drunk driving is a political issue and legislators have a very hard time saying “No” to anything the police or prosecutors want with respect to the DUI laws which has resulted in laws that are overbearing and unduly harsh. Thus, if you are pulled over for a driving under the influence, you should be prepared for the consequences. That being said, many DUI arrests can be fought successfully through the legal system. If you believe you have been wrongly charged, you should reach out to a DUI lawyer in Kansas as soon as possible to protect your rights.
The legal team at Norton Hare has seen many different kinds of DUI cases over the years. We know what to look out for when our clients are involved in one.
The following is but a brief overview of Kansas DUI laws.
What are DUI Laws in Kansas?
Kansas state law specifically prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher, though this threshold will be lower for drivers of commercial vehicles and minors. Additionally, if you are driving with a minor under 14 when arrested, you can expect your penalties to be even higher.
So how many drinks does it take to reach the 0.08% limit? The short answer is that it depends on your height and weight as well as any genetic predispositions you might have. Since it is difficult to determine how much you can drink legally, it is better to just not drink and drive.
How are You Tested?
Individuals suspected of driving under the influence are usually subjected to a field sobriety test in addition to a Breathalyzer. You may be subjected to a chemical blood test as well. Kansas state law includes “implied consent” – by driving a car in Kansas you have given consent to the testing of your breath, blood or urine and if you refuse there can be drastic consequences to your driver’s license.
Penalties for a DUI in Kansas
Be prepared for some tough penalties if convicted of a DUI.
- First Offense: Mandatory 48-hour jail sentence, at least 30 of days license suspension followed by 6 months of ignition interlock restriction and a $750.00 fine, and probation.
- Second Offense: 5 days up to a year in jail, one-year license suspension, at least a one-year ignition interlock restriction and a fine of at least $1,250.00, as well as a period of probation.
- Third Offense: 90 days up to a year in custody, one-year license suspension, at least a two year ignition interlock restriction and a fine of at least $1,750.00. Treated as a misdemeanor or felony depending on how long it has been since the last DUI conviction.
- Fourth Offense: 90 days up to a year in jail, one-year license suspension, at least a one-year ignition interlock restriction and a fine of at least $2,500.00. Treated as a felony.
After the third offense and beyond, you will have to undergo a year of post-release supervision that includes an alcohol and drug treatment program.
Hire a DUI Lawyer in Kansas
You might feel lost and without options immediately after being arrested for a DUI, but that could not be further from the truth. Especially if you believe you have been falsely charged and imprisoned, you can fight back with the help of a professional DUI lawyer.
For more information on Kansas DUI laws and to learn about how to combat a DUI charge, contact a representative at the offices of Norton Hare today to see what our team can do for you.