Kansas DUI/Drunk Driving Criminal Defense Lawyer
Mark Hagen, Attorney at Law
Law Offices of Mark Hagen
6405 Metcalf Ave, Suite #202
Overland Park, Kansas 66202
(866) 382-8646

Don't Let Your Kansas DUI / Drunk Driving Charge Ruin Your Life!

I will defend your rights and protect your freedom to drive!

(See my Missouri DWI page if you were arrested for drunk driving in Missouri.)

I can't believe I was stopped and arrested for Drunk Driving. What do I do now?

Under Kansas law, the most urgent thing you need do right away is challenge the license suspension in an administrative driving proceeding. You have 10 days from the incident to request a hearing to defend against the license loss. Call me right away at (866) 382-8646 to discuss your options, and the possibility of retaining your driver's license.

KS DUI News:

Overland Park, KS DUI Crackdown's becoming more frequent.

What is Drunk Driving Under the Law in KS?

Drunk Driving in Kansas is defined as operating a vehicle on Kansas public roads while your blood alcohol level of over .08 BAC or your ability to safely control the vehicle is otherwise impaired by alcohol or drugs.

Can I Beat my Kansas DUI Charge?

Yes, there are many excellent defense options to try to keep your record clean, and avoid serious loss of license, which can affect your ability to earn a living. Call me to discuss your case, and I'll let you know exactly what your options are, and what the chances are to beat the case, based on your specific case.

We can challenge the reason the police stopped you, and if they didn't have a legitimate reason, I will file a motion to dismiss the case. We can also challenge the validity and accuracy of both the field tests and the breathalyzer test, and a wide variety of other defenses.

If it is your first DUI offense, Kansas also has a Kansas DUI Diversion program which is available to most people if there is no injury involved in the DUI. It is essential a plea deal where you must complete the Alcohol Safety Action Education Program, and pay the fines and serve the license suspension. The benefit to you is that after a year, if you have successfully completed all the term of the agreement (which may include no alcohol or drugs at all), and haven't re-offended, your case will be dismissed, which leaves you with no criminal record.

Of course, if you don't live up to the agreement, the DUI case will be re-entered in court, and you'll have a tougher time beating the case. The Kansas DUI diversion program can be a good deal for many people who feel that they made a mistake that will never happen to them again.

What are the Penalties for DUI/DWI/Drunk Driving in Kansas?

First Offense Kansas DUI Penalties

If you are convicted or found guilty of DUI/DWI/Drunk Driving, the penalty under Kansas DUI law (K.S.A. 8-1567) is:

2 days (48 hours) to up to 6 months in jail, or 100 hours of community service, at the discretion of the court.
Required attendance in an Alcohol and Drug Safety Action Education Program
Fines of $500-$1000, as well as court costs, probation program fees, and other fees.
Driver's License Suspended for 30 days. Restricted license for an additional 330 days.
Your vehicle may be impounded at the judge's discretion for up to one full year.

Second (2nd) Offense Kansas DUI/Drunk Driving Punishment & Penalties

If you are found guilty of DWI/DUI/Drunk Driving and you have a previous conviction the penalty under Kansas law is:

90 days to 1 year in prison
Required attendance in an Alcohol and Drug Safety Action Education Program
Fines of $1000-$1500, as well as court costs, probation program fees, and other fees.
Driver's License Suspended for 1 year.
Required use of an Ignition Interlock Device installed in your car for 1 year as a condition of license reinstatement.
Your vehicle may be impounded at the judge's discretion for up to one full year.

Third (3rd) Offense Kansas Drunk Driving/DUI Punishment/Penalties

If you are convicted/found guilty of DWI/DUI/Drunk Driving and you have two previous convictions in your lifetime, you face a felony offense, for which the penalty under Kansas Statutes is:

90 days to 1 year in prison
Required attendance in an Alcohol and Drug Safety Action Education Program
Fines of $1500-$2500, as well as court costs, probation program fees, and other fees.
Driver's License Suspended for 1 year.
Required use of an Ignition Interlock Device installed in your car for 1 year as a condition of license reinstatement.
Your vehicle may be impounded at the judge's discretion for up to one full year.

Fourth (4th) Offense Kansas DWI/DUI Penalties

If you are convicted/found guilty of DWI/DUI/Drunk Driving and you have three previous convictions in your lifetime, you will be considered an felony offender and the penalties are as follows:

90 days to 1 year in prison
Fines of $2500, as well as court costs, probation program fees, and other fees.
After jail sentence or equivalent is complete, there is one year of post release supervision, which will include a drug or alcohol treatment program.
Driver's License Suspended for 1 year.
Required use of an Ignition Interlock Device installed in your car for 1 year as a condition of license reinstatement.
Court may revoke your license plate or registration for one year.
Your vehicle may be impounded at the judge's discretion for up to one full year.

Fifth or Subsequent (5th or greater) Offense - Kansas Drunk Driving Penalty

Same as above for 4th offense, but also includes a permanent driver's license revocation.

Drunk Driving Penalties in Kansas for drivers under 21

The BAC limit if you are below the legal drinking age of 21 is .02 BAC, also know as the Zero Tolerance polity.

For a First Offense, if BAC result is .02-.07, Your Driver's License will be suspended for 30 days, and you'll have a restricted license for the subsequent 330 days. If your BAC result was .08 or higher, the license suspension will be for up to 1 year.

For a Second (2nd) Offense DUI charge while under 21, the license suspension is automatically for 1 year.

Commercial Driver's License DUI

If you have a Kansas commercial driver's license (CDL), the laws are even more strict. You can be charged with a DUI for having a BAC of .04%, half of the normal level for a standard driver's license.

If you are facing a DUI with a Kansas CDL, the laws are complicated, and the implication to your job are huge. Please contact me right away and I'll help you work through your defense options and discuss how you may be able to defend your livelihood.

Free Legal Consultation and Case Evaluation on a Kansas or Missouri DWI charge.

Kansas DUI defense and other criminal motor vehicle charges are some of the largest part of my criminal defense practice. If you've been arrested for a DWI / DUI in the Kansas City area, you need a Kansas DUI Defense lawyer with the right experience and training. A lawyer who will listen to you and take your concerns seriously. I am that lawyer. Call me now to find out what I can do to help, there's no obligation.

For more info on a DUI/DWI in Kansas or Missouri, call me at (866) 382-8646.

You have nothing to lose by calling. I'll give you some free advice either way. Call me now at my Kansas City office at (866) 382-8646.

Further reference: Kansas DOT DUI Facts

Kansas City, KS Criminal & DUI Defense Attorney Mark Hagen