Kansas DUI Penalties

A DUI charge in the state of Kansas is based off of two key legal concepts. The first concept follows the state’s “per se” law, which states that an individual with a blood alcohol content (BAC) of .08 percent higher is legally intoxicated and thus not able to properly operate a vehicle. The second theory is based off of the concept that an individual who is driving under the influence of an intoxicant (alcohol, drugs, or both) is considered to be impaired from safely driving a motor vehicle.

If the accused is prosecuted under the first legal theory, the only evidence needed to convict are the results of chemical tests. Conviction under the second legal theory calls into question the results of field sobriety tests, observations made by the arresting officer concerning the offender’s driving, the physical appearance of the driver, and statements made by the accused to the officer at the time of arrest.

An arrest for a DUI in the state of Kansas will initiate two separate cases, the first one being a criminal court case, and the second being an administrative case. The penalties from the first case may be fines, jail time, and loss of some driving privileges. However, the penalty imposed by the second case will most likely focus on the suspension of the offender’s driving privileges. This penalty can be cumulative to those privilege losses incurred under the criminal case.

First Offense

A Class B misdemeanor, a first time DUI conviction in the state of Kansas could result in penalties such as: a jail sentence of a minimum of 48 hours up to 6 months, or in lieu of jail time, the completion of a minimum of 48 hours to a maximum of 100 hours of community service. Upon first conviction, the offender’s driving privileges may be suspended for 30 days, followed by 330 days of restrictions. These penalties will be in addition to the penalties imposed by the outcome of the administrative case which may include temporary suspention of the offender’s license.

Second Offense

A second DUI conviction in the state of Kansas is considered a Class A misdemeanor. Resulting penalties may include: a minimum jail sentence of 90 days to a maximum of one year, the completion of a substance abuse treatment program, and a fine ranging from $1,000 to $1,500. Driving privileges will also be suspended for one year, followed by one year of interlock restrictions. These penalties are in addition to those decided at the outcome of the administrative case.

Third Offense

A third DUI conviction in Kansas is a felony. Felony sentencing may include jail time of 90 days to a maximum of one year, and a fine of $2,500. In addition, driving privileges may be suspended for one year followed by another year of interlock restrictions. If there is a fifth DUI conviction, driving privileges may be permanently revoked.

Though some may view the penalties for a DUI in Kansas as nonnegotiable, a skilled Kansas DUI lawyer can help an offender to minimize the extensive penalties for intoxicated driving. It is recommended, if you are arrested and charged for a DUI in the state of Kansas, that you contact a DUI defense lawyer immediately.