| Kansas DUI Law | | | | misdemeanor. The penalties can include jail time, |
| In the state of Kansas, driving under the influence is a | | | | alcohol evaluation, license suspension, and fines. The |
| criminal offense. This criminal offense will result in | | | | offender must complete 48 hours of jail time, or, the |
| criminal charges being brought against you and | | | | court may sentence the offender to 100 hours of |
| administrative penalties that will revoke or restrict your | | | | community service instead. The fines for a first |
| driving privileges. Having a DUI offense against you can | | | | offense are between $500 and $1,000 and the license |
| tarnish your reputation and make it difficult for you to | | | | suspension period is 30 days with 330 days of |
| get to work and meet other life obligations. Because a | | | | restrictions. Drug and alcohol evaluation is also required |
| DUI conviction has the power to change your life, hiring | | | | and you will be required to comply with any |
| a Kansas DUI attorney can help you to defend | | | | recommendations made by the evaluator. A second |
| yourself as successfully as possible in the Kansas | | | | DUI conviction is classified as a class A misdemeanor |
| court system. A qualified Kansas DUI lawyer can help | | | | and the penalties are more severe than for a first |
| you to win your case because they have better | | | | offense. 90 days to one year in jail is the possible jail |
| access to expert witnesses and more knowledge of | | | | term, but the defendant must only serve five days |
| and experience with the complex driving under the | | | | minimum. The rest of the time can be served in a |
| influence laws in Kansas. If you want the best chance | | | | work release program or similar programs. The fine for |
| of winning your case, hiring a Kansas DUI attorney is | | | | a second offense is $1,000 to $1,500 and drug and |
| the best way to go. | | | | alcohol treatment is mandatory. The convicted |
| Kansas DUI Cases | | | | offender's license will be suspended and one year of |
| In Kansas, a DUI offense must be prosecuted like any | | | | ignition interlock usage is required after the offender's |
| other crime. The prosecutor must show, beyond a | | | | license is reinstated. A third DUI conviction is classified |
| reasonable doubt, that the defendant was guilty of | | | | as a felony and the penalties are more severe. 90 |
| operating a motor vehicle while under the influence of | | | | days in jail is mandatory for this level of offense, but a |
| alcohol. There are two sets of information that a | | | | judge can choose to allow the offender to serve all |
| prosecutor can rely upon while prosecuting a DUI | | | | but 48 hours of this jail time in a work release program |
| criminal case. One set of information has the purpose | | | | or on house arrest. Potential fines range from $1,500 to |
| of showing that a defendant was under the influence. | | | | $2,500 and the offender's license will be suspended for |
| Information such as the appearance of the defendant, | | | | one year followed by another year of required ignition |
| how the defendant was driving, and the smell of | | | | interlock device usage. Fourth DUI offenses are also |
| alcohol being on the defendant can be taken into | | | | classified as felonies in Kansas. The fine for this |
| consideration. The second set of information is actual | | | | offense level is $2,500. The offender must serve 72 |
| one single piece of evidence. If a driver submitted to a | | | | hours of jail time with the rest of the jail term served |
| chemical test and exhibited a blood alcohol level of | | | | on house arrest or in a work release program. The |
| 0.08% or greater, that evidence can be used to show | | | | license suspension period is one year followed by |
| that the defendant is guilty of driving under the | | | | another year of ignition interlock usage. A fifth offense |
| influence. | | | | results in permanent loss of driving privileges. |
| Defending yourself against a DUI case in Kansas will | | | | Juvenile DUI and Under 21 DUI in Kansas |
| require that you have a qualified Kansas DUI attorney | | | | Specific rules exist regarding driving under the influence |
| by your side. Having someone experienced in handling | | | | for juveniles and persons under the age of 21. |
| DUI cases can introduce independent witnesses who | | | | Juveniles are defined as adolescents between the |
| can testify that you were not intoxicated, examine | | | | ages of 14 and 18 but have not turned 18 yet. The |
| expert witnesses who can speak to the unreliability of | | | | sentence for a juvenile DUI charge is 10 days, but this |
| chemical test results, and help plant the seeds of doubt | | | | sentence is served in a juvenile detention center |
| for when it is time to make a decision about your | | | | instead of an adult prison. The offender's license may |
| future. These abilities make having a Kansas DUI | | | | be suspended for one year. For 18-21 year olds, driving |
| lawyer represent you well worth the money you | | | | under the influence is also against the law. For a BAC |
| spend on legal fees to keep your driving privileges and | | | | of .02-.079, driving privileges may be suspended for 30 |
| keep yourself out of jail. | | | | days for a first offense and one year for second and |
| Administrative Driving Penalties | | | | subsequent offenses. A blood alcohol of 0.08 or |
| The license suspension period for driving under the | | | | greater results in a one year suspension. The offender |
| influence in Kansas is 30 days to one year. When you | | | | has ten days to request a hearing into the validity of |
| are arrested, you should be given a pink form called | | | | the administrative suspension. |
| the DC-27. This form tells you how to request a | | | | Diversion Programs |
| hearing on your suspension. If you do not take | | | | Kansas is one of the few states that allow an |
| advantage of this hearing opportunity, your license will | | | | offender to participate in a DUI conversion program if |
| be suspended and you will be left without recourse. | | | | they meet the requirements. If an offender has never |
| Having a Kansas DUI lawyer represent you at your | | | | been convicted of a DUI offense, has never |
| hearing is extremely important. You may be able to | | | | contracted to participate in a diversion program, and |
| keep your driving privileges intact if your attorney can | | | | the offense did not result in an accident causing injury |
| show that the officer did not have grounds for pulling | | | | or death, he or she may be eligible for a conversion |
| you over or that the testing procedures used were not | | | | program. This is a contract between the offender and |
| acceptable or reliable. Because saving your license is | | | | the county where the offender gives up his or her right |
| usually a DUI offender's first priority, having a qualified | | | | to a fair and speedy trial in exchange for not receiving |
| Kansas DUI attorney represent you at your hearing | | | | a conviction on their record. The offender must pay a |
| can make the difference between successfully | | | | fine, stop using any alcohol or drugs, participate in |
| defending yourself against the suspension and losing | | | | alcohol and drug education or treatment, and fulfill any |
| your license for up to one year. | | | | other required elements. If you carry out all of the |
| Kansas Criminal DUI Penalties | | | | requirements, your conviction will be dismissed after |
| The penalties for driving under the influence in Kansas | | | | one year. If you do not carry out these requirements, |
| have increased as people have become more | | | | your case will be reopened and come up for trial in the |
| intolerant of DUI offenses. The penalties increase with | | | | criminal court system. Hiring a Kansas DUI lawyer can |
| each offense and with special circumstances involved | | | | help you to understand these terms and preserve |
| in individual DUI cases. A first conviction for driving | | | | your good reputation and ability to provide for your |
| under the influence is categorized as a class B | | | | family. |