DUI in Kansas

Getting arrested for a DUI in Kansas is a serious event, and knowing how to deal with the consequences is important.  If you were driving dangerously or had a blood alcohol level (BAC) that was over the legal .08 per cent limit you may be facing some harsh penalties.

DUI Charges

An officer in Kansas can make an arrest for the following drunk driving offenses:

  • Driving under the influence of alcohol, drugs,  or combination of these
  • Having a blood alcohol content (BAC) of .08 or greater within two hours of driving
  • If a commercial driver, having a BAC of .04 or greater within two hours of driving
  • Driving by a habitual addict of narcotics, sleep inducing drugs, or stimulants
  • If under the age of 21, driving with a BAC of .02 or greater

Unique Kansas Law

Kansas is the only state that allows drivers charged with a DUI to enter a DUI diversion program.  If you have no prior DUI convictions and weren’t involved in a serious accident causing personal injury, you may be able to enter into a diversion contract.  In exchange for giving up your right to a trial, you will not have a DUI conviction on your record.  However, you will still have to pay a fine, go to an alcohol treatment program, and fulfill other requirements.  A DUI diversion program lasts a year.

Court Penalties

Court Fines Potential Jail Time License Suspension
1st Conviction $500-1,000 2 days 30 days
2nd Conviction $1,00-1,500 90 days - 1 year 1 year
3rd Conviction $1,500-2500 90 days - 1 year 1 year
4th Conviction Minimum $2,500 90 days - 1 year 1 year

A DUI in Kansas can result in several different penalties depending on if anyone was injured, any property damage occurred, and whether you have any prior convictions.  In Kansas, you’ll be charged with a second offense if you have a second DUI within five years of your previous conviction.

Your first DUI results in up to six months in jail or 100 hours of community service, fines between $500 and $1,000, a license suspension of 30 days and 330 days of restrictions, and an alcohol assessment.

A second DUI results in 90 days to a year in jail (although a judge can commute the 90 days to house arrest or a work program), attending alcohol abuse program, a fine of $1,000 to $1,500, and a one-year license suspension.  Also, once you get your license back, you will have to use an interlock device in your car for a year.

If you are charged with a third DUI, you’ll have a felony on your record.  You’ll face ninety days to a year in jail, although again, a judge can assign you to house arrest or a work program.  You will be fined between $1,500 and $2,500, and you’ll have a one year suspension followed by a year of using an interlock device.

Beyond your Third DUI

A fourth DUI carries similar penalties except the fine is a flat $2,500.  It’s also the last DUI you can get and still be able to get your license back.  Your fifth DUI results in losing your license permanently.

Chemical Testing and Implied Consent Laws

Under Kansas state law, any licensed person operating a motor vehicle automatically gives his or her consent to an approved test (blood, breath, or urine) for the purposes of showing intoxication.  Refusing to take a test will incur consequences.  Refusal on a first offense will result in a one year license suspension; on a second offense, two years license suspension; on a third offense, three years license suspension; on a fourth offense, ten years license suspension; and on a fifth or higher offense, your license will be permanently revoked.

Blood tests must be carried out by a licensed nurse, medical technician, or other medical personnel.  A driver accused of a DUI offense has the right to request a second, independent, chemical test at his or her own expense.

If you think you may be facing a DUI conviction, talking to a lawyer that specializes in DUI law can help.

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