DUI Reference Guide

Kansas DUI Laws

Kansas has set forth some strict rules governing their DUI laws.  They take driving under the influence very seriously and are well aware of the dangers of not cracking down on those who drive while intoxicated.  Merely trying to drive a vehicle while intoxicated can lead a person into a great deal of trouble.  Anyone who drives with a BAC (Blood Alcohol Concentration) of 0.08% or more can be arrested for a DUI.

Arrests for DUI can occur when one of two factors is present.  Anyone found to be driving with a BAC of 0.08% has committed a DUI.  If a person is a minor (less than 21) they cannot drive with a BAC at or above 0.02% without being in violation of the DUI laws.  An individual who is not driving well and is in anyway mentally or physically not able to safely drive can also be arrested for DUI if they are under the influence of alcohol or any controlled substance.

The classification for those who are not legally drunk according to blood tests are called under the influence.  This can occur if a person has obviously had something to drink and has been impaired by the alcohol.  Sometimes people will be charged under this classification if the officer believes and has evidence that the person is under the influence but the person is not agreeing to take a chemical test.

According to Kansas law an individual who has caused a fatal accident while under the influence can spend time in jail for involuntary manslaughter.  Sentences can often reach up to 172 months with a minimum often being 38 months. 

First time offenders will spend 48 hours in jail or be ordered to complete 100 hours of community service.  The individual may also be required to receive drug and alcohol treatment.  They will also need to attend a safety course pertaining to drugs and alcohol.  A person must pay for these programs on his or her own.  Court and legal fees will also be incurred by the person convicted as well as $500-$1000 in fines.

Second time offenders will again be required to pay for the cost of being examined to find out if they need treatment for a drug or alcohol problem.  They will pay any expenses related to treatment.  In addition fines of $1000-$1500 will be assessed.  A person can also find himself or herself in jail up to a year with the minimum usually being 90 days.  After the sentence is served the person will also spend time on probation.

Third offenses result in similar jail time.  However the fines are increased to being anywhere from $1,500 to $2,500.  An individual convicted of a third offense will also have their license revoked for one year.  After that time, an ignition interlock system is required.  This system will be in place for a year.  The person convicted of the DUI will need to use the interlock system’s breath test to ensure they are not intoxicated before the car can be started.  Once again, the person must also attend the treatment program for drug and alcohol problems.  They must pay for the cost of the program.

Fourth offenses also require a person to attend and pay for drug/alcohol treatment programs.  Once again after a one-year suspension, an ignition interlock system will be in place.  Fines can be as high as $2500 plus all other court related expenses.  Jail time can range from ninety days to one year.  A forth DUI conviction is considered a felony. 

A fourth offense requires a person to be released to the custody of the Kansas Department of Corrections for one year.  This will occur after a person completes any sentenced jail time.  They will be mandated to complete various aspects of their release program and to receive treatment for alcohol and or drug problems. 

Surprisingly, some people commit more than four DUI offenses.  Jail time and fines are like those of a fourth offense. However, a person will lose their license for life on a fourth offense.  Once again, they will spend an entire year after their jail time in the release of the Kansas Department of Corrections.  Any necessary treatment for alcohol or related problems will take place at this time. 

Whenever a person is convicted of a DUI and had someone under 14 in their car, their penalty will be stricter.  That person will have to spend one more month in jail for having a youth in their car while driving drunk. 

DUI is a very serious crime.  Those convicted of DUI can find themselves paying fines and serving time in jail.  Other court related costs are also incurred by the guilty party.  Individuals will also have a suspension of their license.  In order to sort through the laws governing a DUI arrest, a person should have the help of an attorney.  They should seek a consultation with one or more lawyer to review their case for the DUI arrest.