Kansas dui law makes it illegal for a motorist to drive both under the influence of alcohol and drugs or a combination of both. In addition, anyone who is found guilty of DUI while transporting a child under the age of 14 will have their punishment extended by serving an additional month in prison.
The Kansas Implied Consent Law
All motorists who have a Kansas driver’s license are subject to the implied consent law. This law requires that all drivers submit to a chemical test of their blood, urine, or breath if a police officer suspects them to be under the influence of alcohol or drugs. The state considers the refusal to submit to a chemical test to be just as bad or possibly even worse than being convicted of DUI. If a motorist refuses the test, they will have their license suspended for 1 year. A second refusal results in a 2-year suspension, a third results in a 3-year suspension, a fourth results in a 10-year suspension, and a fifth or subsequent refusal results in a permanent revocation of the motorist’s license.
Different Kansas DUI Penalties
The state of Kansas imposes different types of penalties upon motorists convicted of driving under the influence of drugs and alcohol. Several factors, such as a number of previous DUI offenses and the age of the driver, all play a significant role in determining adequate punishment. The following are the types of penalties that a driver convicted of DUI may face. The motorist may incur one or a combination of the following punishments:
1st DUI Conviction
• Imprisonment from 48 hours minimum or perform 100 hours of community service
• Fine from $500 to $1,000
• Driver’s license suspended for 30 days
• Restricted license for 330 days following suspension
• Vehicle impounded up to 1 year
• May be ordered to complete an alcohol/drug treatment program
2nd DUI Conviction
• Imprisonment from 90 days to 1 year
• Fine from $1,000 to $1,500
• Driver’s license suspended for 1 year
• Ignition interlock device required for 1 year following suspension
• Vehicle impounded up to 1 year
• Mandatory completion of court-ordered alcohol/drug treatment program
3rd DUI Conviction
• Considered a felony offense
• Imprisonment from 90 days to 1 year – 72 consecutive hours must be served before work release
• Fine from $1,500 to $2,500
• Driver’s license suspended for 1 year
• Ignition interlock device required for 1 year following suspension
• Vehicle impounded up to 1 year
• Mandatory completion of court-ordered alcohol/drug treatment program
4th DUI Conviction (and subsequent DUIs)
• Considered a felony offense
• Imprisonment from 180 days to 1 year – 144 consecutive hours must be served before work release
• Fine minimum $2,500
• Driver’s license suspended for 1 year
• Ignition interlock device required for 1 year following suspension
• Vehicle impounded up to 1 year
• Mandatory completion of court-ordered alcohol/drug treatment program
5th DUI Conviction
• Imprisonment from 180 days to 1 year – 144 consecutive hours must be served before work release
• Fine minimum $2,500
• Driver’s license revoked permanently
• Supervision for one year following release
• Mandatory completion of court-ordered alcohol/drug treatment program
Amendment to Kansas DUI Laws
As of July 2010, the state of Kansas amended its DUI laws to prohibit DUI offenders from a work release program until they have served a minimum of 72 hours in jail consecutively. The minimum fine was also increased to $2,500 for repeat DUI offenders from the previous $1,500. Charges for repeat offenders also include the revocation of a DUI offender’s license upon the third DUI conviction instead of the fourth.
For fourth and subsequent DUI convictions, a motorist’s jail time has increased from a minimum of 90 days to 180 days. The DUI offender must also serve 144 consecutive hours now instead of the previous 72.
PRIOR RECORD: Previous Kansas DUI law would consider a DUI offender’s record for only the past five years when determining sentencing for a current DUI. However, as of July 1, 2011, Kansas will consider any prior DUIs dating back to July 2001.
What to do if You Have Been Charged with DUI in Kansas
If you are convicted of DUI in Kansas, your record will be marred and many aspects of your life will be affected negatively by your conviction. You may find it hard to get and keep a job and can even face difficulties applying for financial aid. Luckily, there is a way to contest your charges. Speak to a top DUI lawyer in Kansas right away to discuss your options and file a case.
DUI attorneys in Kansas will help you overcome your charges and will see to it that your case ends with the best resolution possible. They will investigate the incident, speak to police and witnesses, and get to the bottom of what really happened. Any evidence that is found in your favor will be brought to light in court by your Kansas DUI lawyer so that your penalties are either significantly reduced or wiped out completely.
Speak to an elite Kansas DUI attorney today to get started on your case.
