DUI Law in Kansas
What is a DUI?
Are you dealing with the financial and legal burden of a DUI in ?
Driving under the influence (DUI), also known as driving while intoxicated (DWI), is a serious criminal offense with life-altering consequences. The outcome of your court proceedings—whether conviction or exoneration—can have a lasting impact on your future.
Explore your defense options below and connect with an experienced local attorney to guide you through this challenging process. You don’t have to face the consequences on your own. Take proactive steps today to safeguard your rights and protect your future.
Possible Consequences of a Kansas DUI Conviction
Your location, the seriousness of the incident, and your prior criminal history all influence the sentencing for a DUI. Penalties become significantly harsher for repeat offenses, so it’s essential to approach the situation with caution. If this is your first DUI, don’t risk costly mistakes by handling it alone. Work with an experienced law firm to protect your rights and advocate for you.
Below are some of the substantial costs and common penalties you might face if convicted of a DUI.
Paying Fines
In Kansas, if you’re convicted of driving under the influence (DUI) of alcohol or drugs, fines are a standard component of your sentencing. For a first DUI offense, fines range from $750 to $1,000. Subsequent offenses carry increased fines:
- Second DUI Offense: Fines between $1,250 and $1,750.
- Third DUI Offense: Fines ranging from $1,750 to $2,500.
- Fourth and Subsequent Offenses: Fines of $2,500.
Jail Time
In many states, jail time is mandatory, even for first-time DUI offenders. A first offense might result in just a day or two behind bars, but prior convictions can lead to much harsher penalties, including several months or even over a year in prison. Certain factors, such as causing injury to others while driving under the influence, can result in even longer sentences.
In Kansas, DUI penalties escalate with each offense. For a first offense, you can face a mandatory minimum imprisonment of 48 consecutive hours, or 100 hours of public service, and a 30-day suspension of driving privileges.
By the third offense, penalties intensify to include a minimum of 90 days to a maximum of one year in jail. A fourth or subsequent DUI offense is classified as a felony, carrying even more severe consequences.
Probation
If you avoid jail time, probation will likely be part of your sentence, with the duration determined by the judge. During probation, you’ll pay monthly fees and must avoid committing any additional criminal offenses, including traffic violations. Violating probation terms can result in jail time.
In Kansas, probation is only available after serving the mandatory jail time required for your offense level. Conditions of probation may include abstaining from alcohol, completing educational programs, and paying court-ordered fees. A probation violation can lead to revocation, additional fines, jail time, and even the impoundment of your vehicle.
Drug and Alcohol Education Program
After a DUI conviction in , the law requires you to complete a drug and alcohol education program. These programs are designed to educate offenders about the dangers of impaired driving and come with additional fees on top of the legal costs you already face.
As part of the program, you’ll undergo a DUI evaluation, where an evaluator will assess how alcohol or drug use impacts your life. If they determine you have a dependency, you may be required to complete a substance abuse treatment program before regaining your driving privileges.
Suspension or Loss of License
A DUI conviction will result in a mandatory license suspension, regardless of location. For a first offense, this suspension typically lasts a few months while you complete probation and the required education program.
Repeat offenses carry more severe consequences. Your license could be suspended for a longer period, or in some cases, permanently revoked, depending on the circumstances of your case and your driving history.
What Should You Do When Charged With a DUI in Kansas?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Kansas DUI Law
If you’ve been arrested for a felony DUI, the first and most critical step is to contact an experienced DUI attorney in . Your attorney will guide you through the legal process, help prepare for your arraignment, and develop a defense strategy to either clear your name or reduce your sentence.
Step 2: Learn About Your State’s DUI Laws
Every state, including , has specific laws and penalties for DUI offenses. Your lawyer will explain the charges you’re facing and the potential consequences based on your case. Understanding these laws is essential for making informed decisions about your defense.
Step 3: Request a DMV Hearing
In , you have a limited window to request a DMV hearing to contest the suspension of your driver’s license before your court date. Failing to request this hearing in time will result in an automatic suspension. Work with your attorney to schedule the hearing as soon as possible after your arrest.
In Kansas, you have 14 days from the date of your DUI arrest to request an administrative hearing with the Kansas Department of Revenue to contest the suspension of your driver’s license. To initiate this process, you must submit a written request along with a $50 fee. Upon receipt, a hearing will be scheduled, either by telephone or in-person, before a representative of the Director of Vehicles.
Any temporary driving privileges you possess will be extended until a final determination is made. Requests can be mailed or faxed to the Kansas Department of Revenue in Topeka, Kansas.
Step 4: Prepare for Court Appearance
With your attorney, you’ll prepare for your court appearance and arraignment. If you plead “not guilty,” your DUI lawyer will represent you in court, where a judge and jury will determine the outcome of your case.
Step 5: Receive Sentencing or Exoneration
After your case, you will either be found “not guilty” and walk free or receive a sentencing if convicted. The result will have a lasting impact on your life, underscoring the importance of a strong legal defense.
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in Kansas
Should you ever find yourself charged with a DUI, you need to work with an experienced Kansas lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you in Kansas today. We can even help you connect with legal help across Kansas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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