If you’ve been accused of or arrested for a DUI in Kansas, you need an experienced criminal lawyer to help you fight the charge and protect your rights. Take advantage of our free consultation to find out your best legal defense options. You have nothing to lose by calling. I’ll give you some free advice either way. Call now, 888-439-4244.
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.
What is Drunk Driving Under the Law?
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 a 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 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 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 Drunk Driving in Kansas?
First Offense DUI Penalties
If you are convicted or found guilty of 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 Offense Kansas DUI Punishment & Penalties
If you are found guilty of 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 Offense DUI Punishment/Penalties
If you are convicted/found guilty of 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 Offense Kansas DUI Penalties
If you are convicted/found guilty of 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 1st 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 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 DUI charge.
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 criminal 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 (888) 439-4244 to discuss your options, and the possibility of retaining your driver’s license.