Drunk Driving Defense Laws in Kansas
Like other states in the U.S., Kansas DUI law deals with drinking and driving or driving under the influence (DUI) severely because of the number of deaths it causes; reportedly in the thousands. This doesn't take into account the huge number of injuries either. It is expensive, with the cost being $132 billion a year nation-wide. Being charged with a "driving under the influence" or DUI offense means you are driving with a blood alcohol content or BAC of .08 or higher.
Recently, Kansas has passed much stiffer penalties for DUI. If you cause a death while under the influence, you will be charged with involuntary manslaughter and you will go to prison for a term of 38 to 172 months. If you have received a DUI from Kansas or another state, the penalty can be even more severe causing you to have a felony charge on your record. If you have a child who is under the age of 14 in the vehicle with you, you can add a month to your incarceration that must be served consecutively.
For a first offense, you will face a mandatory 48 hours of incarceration and you must complete 100 hours of community service. Along with that, you will have to attend an education program and could possibly be ordered to attend a treatment program at your own expense. The fine is $500 to $1,000 in addition to court costs, probation and evaluation fees. Your driving privileges will be suspended for 30 days then restricted for another 330 days. Your car could even be impounded for a year.
If this is your second offense, you will have to go to jail for at least 90 days up to one year. The fine is $1,000 up to $1,500 in addition to court costs, probation and evaluation fees. You have to attend the court ordered treatment program and your driving privileges will be taken away for one year. You have to have an ignition interlock device for a year as well. Your vehicle could be impounded for a year.
For a third offense, the cost goes up astronomically. The jail time remains at 90 days to a year and the cost is now $1,500 up to a maximum of $2,500 in addition to the standard court costs, probation and evaluation fees. You will have to enter the treatment program and your driving privileges will be suspended for a full year. You will have to prove that you installed the ignition interlock device on your car for a year and again, your car could be impounded for up to a year.
For a fourth offense, the charge is ramped up to a felony offense and you will go to jail for 90 days to one year. The court costs, probation and evaluation fees will be added to the cost of $2,500. You must attend the court ordered treatment program and your driving privileges will be suspended for one year. After this, you must have the ignition interlock device on your car for a year. At the end of your jail time, you will be in the custody of the Kansas Department of Corrections for one year of supervision and another treatment program. Your car could be impounded for up to one year.
For any subsequent DUI offenses, it will be considered a felony and the standard 90 days up to one year incarceration will be administered. The cost remains the same as the fourth offense with a $2,500 fine and court, probation and evaluation fees assessed. The big difference is that your driving privileges will be permanently revoked. At the end of your imprisonment you will have to be put on probation for a year and you must attend the court ordered treatment program.
As you can see it gets pretty costly so having a professional in your corner who can mitigate these charges can really help. Driving under the influence can definitely affect your life in a negative way. It can mean severe penalties and can cause injury or death to those involved. You may need to call in a professional who knows the laws of the state of Kansas and can help you get an acquittal or can assist in getting reduced charges.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Drunk Driving Articles
- When can I be charged with DUI in Kansas?
- Kansas DUI Laws: FAQ
- Can I receive both criminal and civil punishments for DUI In Kansas?
- How do DUI’s affect juvenile drivers in Kansas?
- How do DUI’s affect drivers under 21 years of age in Kansas?
- What is a diversion program under Kansas DUI law?
- Can I have my DUI expunged under Kansas law?
- What terms are used for drunk driving offenses in Kansas?
- Is drinking and driving a crime in Kansas?
- Where can I find a Kansas DUI Attorney?
- What are the penalties for a DUI in Kansas?
- What is the legal drinking limit for drivers in Kansas?
- What are the requirements of the Kansas DUI Diversion Program?
- Do I have to submit to a Chemical Sobriety Test under Kansas DUI law?