Kansas DUI: Penalties and Criminal Charge Defense

If you are faced with a DUI case in Kansas, your driver’s license will be revoked and you will face additional penalties under Kansas DUI laws. The revocation of your license can happen immediately, as it is an administrative penalty issued by the Kansas state DMV. If you are pulled over and your BAC is above the legal limit, it is imperative you understand this as well as other consequences of your DUI charges. 

Kansas DUI Penalties

The administrative suspension by the DMV of your license happens immediately after your arrest, and your license can be suspended for a period ranging from one month up to a year. You have the right to oppose the suspension by requesting a hearing, but the hearing must be requested within the 10-day time period allotted.

You also face criminal charges. These charges vary depending on whether the offense is a first one or whether you have a previous record of DUI convictions:

• DUI Penalties for a First Offense: You face either 48 hours to six months of jail time or 100 hours of mandated community service. Your fines may range from $500 to $1000. Your license will be suspended for a minimum of 30 days, and you may have to attend a required alcohol evaluation or treatment program.
• DUI Penalties for a Second Offense: Here, you face between 90 days and a year of jail time. The minimum amount of time in jail you will face is 5 days. You will also be required to pay fines between $1000 and $1500 and have your license suspended for a year. At the end of the suspension, you will be required to install an ignition interlock system. Alcohol evaluation is again mandatory
• DUI Penalties for a Third Offense: These are very similar to a second offense, but your fines now range between $1500 and $2000. 
• DUI Penalties for a Fourth Offense: Again, these are similar to the penalties for a second and third offense, but your fine jumps up to $2500. 
• If you a fifth offense, your license will usually be permanently revoked. 

Defenses

Several issues may be raised to support your defense, depending on the facts presented. Examples of issues that could result in you being able to defend yourself against the charges include: The officer having or not having reasonable grounds for arresting you; whether you were provided with required legal notices before being tested; If your actions represented refusal to submit to the test; if the officer and the testing equipment used were KDHE or Kansas Department of Health and Environment- certified; and other constitutional issues.

Getting Help

If you are charged with a DUI in Kansas, you should strongly consider speaking with a lawyer. Your attorney can explain your options for defending yourself and can otherwise assist you in dealing with the criminal charges pending against you.