RELIABLE EXPERIENCE YOU CAN COUNT ON

Kansas DWI Laws

The Kansas DUI Laws carry stiff penalties. It used to be that only the last five years of your driving record would be taken into account in DUI cases, now your lifetime driving record is considered.

DUI is considered a criminal offense, with your third or subsequent conviction it will be charged at the felony level. A DUI conviction carries such penalties as fines up to $2,500, jail time of up to one year, suspended license for up to one year, and mandatory alcohol and drug treatment programs at your own expense. The court costs, supervision fees and other expenses will be your responsibility, too, not to mention increased insurance rates.

If you are arrested for DUI while driving a commercial vehicle, not only will you face the same penalties as a person in a passenger car, but you will automatically lose your CDL (and the main part of your livelihood) for one year.

If you're younger than 21 and are found to have a BAC of .02% or higher, you'll face an automatic 30-day driver's license suspension, followed by 330 days of restricted driving privileges.

First DUI Offense

Conviction of a first DUI is a Class B misdemeanor.

JAIL: Up to a maximum of six (6) months imprisonment.

FINE: Minimum fines $500.00. Court costs may also be between $10.00 and $100.00.

PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The general terms of probation are no drinking, do not break the law, attend alcohol education classes, etc. Probation is for 1 year.

Second DUI Offense

Conviction of a second DUI is a Class A misdemeanor.

JAIL: Up to a maximum of one year imprisonment.

FINE: Minimum fines of $1000.00. Court costs may also be between $10.00 and $100.00.

PROBATION: Only after a person has served a mandatory minimum of five days of incarceration, or alternative five days sentencing, are they eligible for probation. The general terms of probation are no drinking, do not break the law, attend alcohol education classes, etc. Probation is for 1 year.

Third or Subsequent DUI Offense

Three or more DUI's within your lifetime may mean that the driver is eligible to be charged as a Felony

JAIL: Minimum sentence of 90 days up to 1 year in prison.

FINE: Minimum fine of $2,500.00, plus court costs.

PROBATION: Following the jail sentence, the defendant is then placed on a probation for 1 year.

DUI Charges

If you are charged with DUI (driving under the influence of alcohol or drugs) in Kansas, you should consult with an experienced drunk driving DUI defense attorney. Many times Kansas is very tough on DUI, and the issue is serious enough that having is necessary in order to protect your rights. Your driver's license could be suspended or revoked if you don't take action within 10 days of your arrest if your results of your test were above the Kansas' prohibited level (.08%, age 21 or over; .02%, under age 21) or if you refused to take a breath, blood or urine test after being arrested for DUI in Kansas. Do not wait to contact us for a free consultation with a Kansas City DUI lawyer.

In a Missouri DWI arrest, there are two separate cases: the court case, and the driver's license case or Administrative License suspension, which is filed by the Department of Revenue against the driver's license. If you are arrested for DWI, you have only 15 days from the date of arrest to have a hearing.

Suspension Penalties

If a Sustain Order is issued after the administrative hearing:

FIRST TIME FAILURE OF A TEST: For a driver with no alcohol related law enforcement contacts within the previous five years, driving privileges are suspended for 30 days followed by 60 days of Restricted Driving Privilege. The restricted license is available upon showing proof of insurance before the 30 days suspension has expired. The restriction allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. This goes on the person's driving record and stays for five years.

SECOND AND SUBSEQUENT FAILURES OF A TEST: Driving privileges are suspended for one year. You are not eligible for a hardship license. This goes on the person's driving record and stays for five years.

The administrative hearing and the criminal case are two separate suits. Neither one has any bearing whatsoever on the other. However, if you are suspended pursuant to one, that suspension will be run concurrently with a suspension in the other. So, if you lost at the administrative hearing and at trial, and it was your second time DWI, you would only be suspended for one year total. But, your driving record will reflect two separate suspensions for the same arrest.

Blood Alcohol Limits

Blood alcohol concentration (BAC), is the system of measure used to determine the level of alcohol in your bloodstream. It is illegal to drive in Kansas with a BAC of .08% or higher if you are 21 years old or older and .02%, under 21 years old. In Kansas, if you test above .15% you will be subject to much stiffer penalties.

Kansas Hardship License

If your Kansas license has been revoked for an alcohol-related offense or a chemical test refusal, there are now hardship licenses available under Kansas law.

In Kansas, the Department of Motor Vehicle regulations state that having a driver's license, means you have given advance permission, or "implied consent" to testing for the presence of alcohol should you be stopped by law enforcement on suspicion of DUI. Refusing to test is a separate offense from DUI. Even if you are later acquitted of the DUI charges, you will still undergo a license suspension of up to one year for refusing to take the test.

If you are convicted of DUI and refused the test at the time of your arrest, you may be required to pay a higher fine and may have your license suspended for a longer period.