Kansas DUI and Kansas DWI

First Offense:
DUI CRIMINAL CHARGES: A first conviction for DUI is a Class B misdemeanor offense in Kansas. 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. There has been a trend in many Courts to lean towards the higher end of the fine range in light of struggling city governments and tight budgets. There is also a potential plea bargain that may reached between the prosecutor and defense counsel for a diversion. This is a contract between the Prosecutor and Defendant wherein the Prosecutor agrees to dismiss the charge after a year or two if the Defendant completes certain classes and stays out of trouble. Diversion is a last resort for defense counsel in most cases, as there are many other angles that need to be explored first. If a lawyer rushes to sign you up for diversion, then you should consider talking to some other attorneys first and get a second opinion. Diversion should generally be considered a fall back position, once it has been determined that they have you "dead in the water".
DUI DRIVERS LICENSE CONSEQUENCES:  If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for a 30-day period, followed by 330 more days of restricted driving privileges. Some defendants may apply for unrestricted driving privileges following the 30-day suspension by requesting an ignition interlock device.  If you test at or above .15% on a true first offense, or if you refuse the Intoxilyzer test, you face suspension of your driving privileges for a full year followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device.

Second Offense:
DUI CRIMINAL CHARGES:  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
DUI DRIVERS LICENSE CONSEQUENCES:  If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.  If you test at or above .15% on second offense, you face suspension of your driving privileges for a full year followed by an additional 2 years of driving a vehicle only if it is equipped with an ignition interlock device.  If you refuse the Intoxilyzer test on a second offense, you face suspension of your driver's license for 2 years.

Third Offense:
DUI CRIMINAL CHARGES:  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 work release or house arrest to satisfy the 90-day custody requirement. The fine for a third conviction ranges from $1,500 to $2,500.  Each Judge and jurisdiction has a different unofficial sentencing guideline range that falls within the statute. There is a considerable difference among counties in terms of how this sentence may be carried out. Several jurisdictions will give well above the minimums in terms of actual jail time served, while others tend toward house arrest.
DUI DRIVERS LICENSE CONSEQUENCES:  If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.  If you test at or above .15% on third offense, you face suspension of your driving privileges for a full year followed by an additional 3 years of driving a vehicle only if it is equipped with an ignition interlock device.  If you refuse the Intoxilyzer test on a third offense, you face suspension of your driver's license for 3 years.

Fourth Offense:
DUI CRIMINAL CHARGES:  A fourth conviction for DUI is also an "unscored felony." Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. A person convicted of a fourth DUI, however, must serve 72 hours in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500. Again, actual time served varies greatly depending upon jurisdiction.
DUI DRIVERS LICENSE CONSEQUENCES:  If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.  If you test at or above .15% on fourth offense, you face suspension of your driving privileges for a full year followed by an additional 4 years of driving a vehicle only if it is equipped with an ignition interlock device.  If you refuse the Intoxilyzer test on a fourth offense, you face suspension of your driver's license for 10 years.

Fifth Offense:
DUI CRIMINAL CHARGES:  A fifth conviction for DUI is treated very similarly to a conviction for a fourth DUI.  There is a minimum 90 day sentence and a maximum of 12 months in prison.  You must serve atleast 72 hours in jail prior to being eligible for a work release program and will be fined $2,500.  Fifth DUIs will likely be sentenced closer to the maximum sentences depending again on the judge and jurisdiction.
DUI DRIVERS LICENSE CONSEQUENCES:  If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail or refuse the test, you face permanent revocation of your driving privileges. This means an actual lifetime suspension of your driver's license. If you find yourself in this position, please contact us immediately and we will advise you of any options you might have.