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 Conviction:A first conviction for DUI is a Class B misdemeanor offense. The potential sentence is up to but not more than six months in jail. If convicted, the defendant must serve at least 48 consecutive hours in custody as a prerequisite to probation, unless the court allows the person complete 100 hours of community service instead of the mandatory minimum 48 hours in custody. The fine for a first conviction ranges between $500 and $1,000. At the administrative level, driving privileges are suspended for 30 days, followed by 330 days of restrictions for test failure. For a test refusal, driving privileges are suspended for a full year. The driver must undergo a drug and alcohol evaluation and will be required to successfully complete any and all treatment is recommended by the evaluator.
Second Conviction: A second conviction for DUI is a Class A misdemeanor offense. The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. The defendant must serve at least five consecutive days in custody as a prerequisite to probation, but the judge can order the defendant to serve 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500.At the administrative level, 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. Moreover, Kansas Law now requires that upon a second or subsequent conviction for DUI, any and all vehicles owned in whole or in part by the convicted driver MUST be impounded, immobilized, or equipped with an Ignition Interlock Device by an approved Installer. * See Below *
Third Conviction: A third conviction for DUI is an "unscored felony" punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of house-arrest with work-release privileges. The mandatory minimum fine for a third conviction is $1,500 and the maximum fine is $2500. At the administrative level, the term of suspension for a test failure is the same as for a second offense: one-year suspension of driving privileges followed by one year of interlock restrictions. For a test refusal, the term of suspension is 3 years.
Effective July 1, 2011 - A third conviction for DUI will be an "unscored felony" punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge must order the defendant to serve at least 72 hours in custody followed immediately by at least 88 consecutive days of work release only (effective July 1, 2011, house arrest will no longer an option to satisfy the balance of the 90-day custody requirement). The mandatory minimum fine for a third conviction will be $2,500. At the administrative level, the term of suspension for a test failure is the same as for a second offense: one-year suspension of driving privileges followed by one year of interlock restrictions. For a test refusal, the term of suspension is 3 years.
Fourth Conviction: A fourth conviction for DUI is also an "unscored felony." The mandatory minimum sentence is 90 days and a maximum sentence is 12 months in prison. A person convicted of a fourth or subsequent DUI, however, must serve at least 72 hours (3 days) in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500. Upon a fourth conviction, 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 conviction, driving privileges are permanently revoked regardless of whether the driver refused or failed the test.
Effective July 1, 2011 - A fourth conviction for DUI is also an "unscored felony." The mandatory minimum sentence will be 180 days and a maximum sentence of 12 months in prison. A person convicted of a fourth or subsequent DUI, however, must serve 144 hours (6 days) in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500. Upon a fourth conviction, 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 conviction, driving privileges are permanently revoked regardless of whether the driver refused or failed the test.
Please note that the foregoing information presumes that you submitted to the Intoxilyzer Test as requested, but "failed" the test by providing a sample of breath in excess of .08% alcohol - but less than .15% alcohol. The Kansas Legislature recently enacted significantly greater administrative penalties for drivers who either test at or above .15% alcohol or who refuse the Intoxilyzer test outright. For more information, see my DUI Penalties page and my Kansas Driver's License Suspension page.
Effective of July 1, 2008, 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!!!
