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DUI Law In Kansas

Kansas DUI arrests trigger two separate aspects of your case: the criminal case, which is resolved in the court system where the case is charged and can result in fines and/or jail time; and the administrative proceedings, which relate to your driving privileges and can result in your license being suspended.

As you attorney I will assist you with both the criminal court case and the administrative driver's license case.  It is important that you retain an attorney as soon as you can following an arrest for DUI due to important deadlines that must be met, including relating to the filing of a hearing to request the administrative hearing.

At the administrative level, the term of suspension that you face depends upon several factors, including whether you failed or refused to submit to the requested blood or breath alcohol test; whether this is your first or subsequent test failure or refusal; and your age. The time of suspension of driving privileges ranges from 30 days to the permanent loss of your driving privileges.  In addition, a conviction for DUI can have a significant effect on driving privileges and your insurance rates.

In Kansas the law provides a person with the right to an administrative hearing at which the defendant or their lawyer can challenge the grounds for the suspension.  As mentioned above, it is extremely important that a request for an administrative hearing is made properly and in within the time frame mandated by law.  As such, do not hesitate in contacting me or another an attorney if you are not sure how to proceed.  If you request an administrative hearing in a timely manner, your driving privileges are not subject to being suspended until a decision has been made by the hearing officer- your driiving privileges are extended at least until the issue is resolved.

At the administrative hearing a number of defenses can be raised.  However, statistically speaking it is difficult to prevail at the administrate hearing.  If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, a license suspension may be able to be avoided. 

POTENTIAL KANSAS DUI PENALTIES

Kansas DUI cases in criminal court may result in fines, jail time, court-ordered suspension of your driving privileges, and the potential impoundment of your vehicle. The amount of fine and the length of the jail sentence are determined, in large part, by whether you have previously been convicted, or placed on diversion for DUI.   It no longer matters where or how long ago a prior conviction occurred.   Now, all prior DUI convictions and DUI diversions count, regardless of where or how long ago they occurred.

FIRST KANSAS DUI CONVICTION

A first conviction for Kansas 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 KANSAS DUI CONVICTION

A second conviction for Kansas 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.

THIRD KANSAS DUI CONVICTION

A third conviction for Kansas DUI is an “off grid 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. 

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 KANSAS DUI OR DWI CONVICTION

A fourth conviction for Kansas DUI DWI is also an “off grid 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 or subsequent 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.

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.

KANSAS DUI DWI DIVERSION

Kansas DUI law is unique, since it allows for a DUI diversion program (which most states do not). If you have never been convicted of DUI, have never entered into a diversion contract for DUI before, and were not involved in an accident or a collision resulting in personal injury or death, you may be eligible to participate in a DUI diversion program.

Kansas DUI Diversion is essentially a contract between the county or city and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial, in exchange for an opportunity to avoid a conviction for DUI. Under the diversion agreement, you will be required to pay a fine; attend an alcohol and drug safety action program or treatment program, or both; use no alcohol or drugs; and fulfill whatever other terms and conditions the city or state requires.

Kansas DUI Diversion has one chief benefit: If, at the completion of the diversion period you have completed all the requirements of the contract, the criminal charge of DUI is dismissed.  However, if you do not successfully complete the requirements of the Diversion contract, the criminal case against you will be reinstated and your trial will be conducted on stipulated facts, meaning that there will be no opportunity to cross examine witnesses, present new evidence, or mount any meaningful defense.

When faced with criminal charges or other legal challenges it is not uncommon to feel anxious and worried. 

I understand this and knows how important your case is in your life.

I treat you with respect and give your case the time and attention you would expect. I explain the law pertaining to your case and work with you to determine the best possible course of action. 

My 16 years of experience representing hundreds of clients on a wide variety of legal issues provide you with the experienced legal representation you need to reach the best possible outcome on your case, so you can move forward with your life.

LEGAL REPRESENTATION THROUGHOUT KANSAS

I am prepared to represent clients in Municipal and District Courts throughout Kansas including the counties of Douglas, Johnson, Wyandotte, Franklin, Osage and Shawnee and the cities of Lawrence, Topeka, Kansas City, Ottawa, Lenexa, Olathe, Overland Park, Leawood, Shawnee, Kansas City, Overbrook, and Baldwin City, Kansas.

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PHONE:  785.331.9013

EMAIL:  kevinkellyjd@yahoo.com

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