DUI-Web Kansas

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When you are arrested for a DUI in Kansas you will be subject to two distinct and separate cases. The first case is the criminal court case where the state will need to prove you were driving under the influence of alcohol beyond a reasonable doubt. With the criminal case you will be subject to various criminal penalties like fines, mandatory alcohol classes and even jail time. The second case is the administrative case which deals solely with your privilege to drive. It is important to realize that these cases are separate with different burdens of proof and it is possible to lose the administrative case and have your license suspended even if your criminal case is dismissed or you are acquitted.

With the criminal case the prosecutor will have two theories in which to bring the charges. The first theory, and the most common, is the “per se” charge of driving with a blood alcohol content (BAC) of .08% or higher. This theory is easier for the State to prove and has fewer defenses because the sole issue is your BAC or your body chemistry and does not require additional evidence of your ability to safetly drive. The second theory is the “under the influence” theory, or that you were driving under the influence of alcohol and/or drugs which negatively affected your ability to safely operate the vehicle. This theory is proven by such evidence as the arresting officer’s testimony about your driving patterns, your field sobriety test results and the testimony of other independent witnesses.

Beyond the criminal case you will have to deal with the administrative case which the only issue at stake is your privilege to drive. The potential suspension you could face is dependent upon whether you refused the chemical test or failed the test, whether this is your first offense and your age at the time of your arrest (if you were under 21 you could face different penalties).

Kansas does provide an opportunity to request a hearing to challenge the grounds of the suspension. You have only 10 days in which to request a hearing after your arrest. If you request an administrative hearing in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case. If you fail to request a hearing within the 10 day window your license will be suspended without recourse.

KANSAS CRIMINAL PENALTIES

Criminal penalties like fines, potential jail time, and the suspension of your license and impoundment of your car are determined on a case by case basis and are dependent upon the circumstances of your arrest, your BAC and whether the incident was your first or subsequent offense. The current law in Kansas does not have any specific “lookback period” in which the state can determine whether the offense was your first or subsequent. Now all prior DUI convictions and diversions (discussed below) will count regardless of how long ago they occurred.

Your first conviction for a DUI is considered a class B misdemeanor. The law requires that you serve at least 48 hours in jail, unless the court orders that you complete 100 hours of community service instead of jail time. Fines for the first offense can range from $500-$1000. In most cases your driver's license will be suspended for 30 days followed by 330 days of restricted driving. In addition, you also be required to undergo drug and/or alcohol classes and complete whatever treatment is recommended.

A second conviction for a DUI is a Class A misdemeanor. The potential sentence is 90 days to one year in jail. The person must serve at least five days, but after 48 hours the judge can order that the remainder of the sentence be served on house arrest or through a work release program. The fine for a second conviction ranges from $1,000 to $1,500. Upon a second conviction, driving privileges are suspended for one year followed by one year of ignition interlock restrictions.

A third conviction for DUI is a felony. The sentence includes 90 days to one year in jail. Ninety days imprisonment is mandatory, but after 48 hours in jail, the judge can order that the remainder of the sentence by served in work release or on house arrest. The fine for a third conviction ranges from $1,500 to $2,500. Upon a third conviction, driving privileges are suspended for one year followed by one year of interlock restrictions.

A fourth conviction for a DUI is a felony. There is a minimum sentence of 90 days in jail. A person convicted of a fourth or subsequent DUI must serve 72 hours in jail and then they may be placed in 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. Upon a fifth conviction, driving privileges are permanently revoked.

Kansas DUI Diversion

Kansas law allows for a diversion program. What this means is that if the arrest is your first offense you can enter into an agreement with the State in which you agree to forgo your right to a speedy trial in exchange for the opportunity to avoid the DUI conviction. Basically you will be put on probation for one year and if you complete the year probation without any alcohol violation (or other violations dependent upon your agreement with the State) your criminal charge of DUI is dismissed. If you do not complete the probationary period successfully your case will be reinstated and put back on the trial docket.

Normally, under the diversion agreement with the State you will also be required to attend mandatory alcohol classes and/or treatment programs, pay a fine and you will not be permitted to use alcohol or drugs and may have to fulfill other conditions.