If you were arrested for a Kansas DUI, an officer believed that you were operating a motor vehicle under the influence of alcohol and/or drug(s). The law enforcement officer believed that your motor skills, mental faculties and reaction times were so impaired that you were unable to operate that motor vehicle safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving under the influence of alcohol. Below we have outlined the most important information for you to inform yourself about Kansas DUI.
Kansas DUI Penalties
IMPORTANT: KANSAS LAW STATES THAT YOU HAVE 10 DAYS FROM YOUR ARREST FOR YOUR ATTORNEY TO REQUEST A DRIVER’S LICENSE HEARING WITH THE KANSAS DEPARTMENT OF REVENUE. You or your Kansas DUI attorney must submit a letter requesting your administrative hearing within 10 days of being issued your pink DC-27 piece of paper or your license will be automatically suspended.
If you are convicted of a first-time Kansas DUI, you can expect to pay fines up to $1,000 and be subject to various other penalties (depending on the severity of the circumstances), including a minimum 48-hour jail sentence or 100 hours of community service. An additional penalty the court may impose on you can include the completion of a alcohol treatment program. Your license will be suspended for thirty days.
If this is your 2nd Kansas DUI and you’re found guilty, your driver’s license can be suspended for up to 1 year. After that period you could be required to install an ignition interlock device for a year. Additionally, you can be sentenced to between 90 days and 1 year in jail and your vehicle may be impounded for 1 year.
Kansas recently changed its “look-back” or “washout” period to ten years, meaning prior DUI convictions must be within ten years to be considered prior convictions.
Kansas DUI Diversion
Kansas is one of the few states that offers some of those charged with a DUI a diversion program. A diversion is an agreement between the prosecutor and the DUI defendant to dismiss the case if the defendant meets certain requirements. Those requirements may include paying fines and fees, completing an alcohol or drug education program, and not committing any new law violations. The diversion program requires a guilty plea, so if you fail any of the requirements you will be sentenced to DUI penalties. You may not withdraw your plea, and you cannot challenge the case in court.
DUI diversion is purely discretionary by the prosecutor. Injuries, commercial licenses, and prior DUI offenses will prohibit any diversion. Even if you are diverted, Kansas DUI law makes the diversion program a priorable offense, meaning if you are arrested for a subsequent Kansas DUI within ten years, you will be looking at a second DUI – not a first DUI. Also, your license may still be suspended by the Department of Revenue as well.
Kansas DUI Lawyers
A DUI arrest is not a DUI conviction. Kansas DUI attorneys defend DUI offenses and drunk driving cases in Kansas. A good Kansas DUI attorney or criminal defense attorney will be able to assist you with the two separate cases. DUI attorneys will be able to offer you DUI defense strategies. They will be able to handle both the criminal DUI charges and the case with Kansas DOR, regarding your license suspension or revocation.