Kansas City DUI Lawyer
In Kansas, a DUI conviction can result in significant fines, mandatory jail time, lengthy driver's license suspension, and possible vehicle impoundment. Under Kansas DUI laws the severity of the sentence is increased for each drunk driving conviction, regardless of where or how long ago prior convictions or DUI Diversions may have occurred. If you have been charged with driving under the influence, the best course of action is to contact an attorney with the experience and skill to fight for your rights and freedom. Contact DUI law attorney Paul D. Cramm for a free consultation.
Kansas DUI Laws and Penalties
If you have been arrested for drunk driving, do not make any statements to the police without an experienced DUI lawyer present. As an experienced DUI defense attorney, I work to mitigate any consequences you may face. An individual convicted for drunk driving may face severe sentences, such as:
- First Offense DUI: (Class B misdemeanor) The potential sentence is up to six months in jail. The fine for a first conviction ranges between $500 and $1,000. Driving privileges are suspended for 30 days, followed by 330 days of restricted privileges (to and from work only) for test failure. For a test refusal, driving privileges are suspended for a full year. A drug and alcohol evaluation will be required to successfully complete any treatment recommended by the evaluator.
- Second Offense DUI: (Class A misdemeanor) The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. Substance abuse treatment is required. Potential fines range from $1,000 to $1,500. Driving privileges are suspended for one year followed by one year of ignition interlock restrictions for a test failure and driving privileges are suspended for a full two years for a test refusal.
- Third Offense DUI: ("Unscored felony") The mandatory minimum underlying sentence is 90 days; however, the sentence can be as long as 12 months. A person convicted of a third offense DUI, however, must serve at least 48 hours in jail before being eligible for "house arrest" for the remaining 88 days of the mandatory minimum sentence. Fines range from $1,500 to $2,500. Driving privileges are suspended for one year followed by one year of interlock restrictions. For a test refusal, the term of suspension is 3 years.
- Fourth Offense DUI: ("Unscored felony") The mandatory minimum underlying sentence is 90 days; however, the sentence can be as long as 12 months. A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail before being eligible for a "work release" program for the balance of the mandatory minimum 90 day sentence. The fine is $2,500. Driving privileges are suspended for one year followed by one year of interlock restrictions for a test failure. For a test refusal, the term of suspension is 10 years. If there is a fifth alcohol related occurrence wherein the driver "refused" the Intoxilyzer test, driving privileges are permanently revoked.
Effective of July 1, 2007, the Kansas Legislature significantly enhanced the Administrative Driver's License Penalties for drivers who either refuse the Intoxilyzer Test or who submit a sample of breath or blood in excess of .15% alcohol concentration. See the "Administrative Penalties" section for detailed information on these new different suspension periods.
Vehicle Immobilization for Second or Subsequent DUI Conviction
Pursuant to K.S.A. §8-1567(l)(1), Kansas Law now requires that upon a second or subsequent conviction for DUI, a driver must have any and all vehicles titled in his or her name either impounded or immobilized by the installation if a wheel lock for a period of 2 years. The cost for impound or immobilization is charged directly to the driver.
As an alternative to physical impound or immobilization, the driver may elect to have an Ignition Interlock device installed in any and all vehicle he or she owns. Once installed, the vehicle will not start unless a sample of breath is blown into the interlock device that tests 0.00% for alcohol. Installation of this device does not allow a driver to operate the vehicle during the statutorily mandated period of driver's license suspension. This simply ensures that the vehicle will not be operated by anyone who is under the influence of alcohol. However, the foregoing protocols only apply to vehicles owned individually or jointly by the driver. Therefore, formally transferring legal ownership of any and all vehicles titled individually or jointly in the driver's name to another person effectively negates the vehicle immobilization requirements.
Of course NONE if the foregoing penalty provisions apply if your case is ultimately dismissed upon the filing of a successful Motion to Suppress Evidence or if you are ultimately found "not guilty" at trial. Choose you lawyer carefully and wisely!!!
