Driving Under the Influence (Criminal)

In Kansas, first offense DUI is a class B misdemeanor; second offense DUI is a class A misdemeanor; third, fourth and subsequent offenses are felonies.

In order to determine which offense someone gets charged with involves the police and/or prosecutors looking back over the driver's lifetime from the date of the present offense and counting ALL prior convictions and diversions for DUI, no matter when they occurred.

The range of punishment for each offense is set forth below:

First Offense DUI conviction:

A fine between $500.00 and $1,000.00 dollars;

A jail sentence between 2 days and up to 6 months (the judge may allow 100 hours of community service instead of requiring 2 days to be served in jail);

An alcohol evaluation will be ordered and the defendant is required to attend, at a minimum, Alcohol Information School (usually 8 hours), but could be ordered into in-patient treatment (usually 30 days); and

A suspension of driving privileges for 30 days (no "work permit" or "hardship license" permitted) and restriction of driving privileges for 330 days (restrictions are: to and from work; in the course of employment; to a medical emergency; and to court ordered alcohol meetings.). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the criminal court has no authority to modify the suspension or restrictions.

A diversion is sometimes offered to first time offenders by the prosecution. A diversion is a contract between the defendant and the prosecution (the court has nothing to do with it). Like any other contract, each side is going to perform their contractual obligations to the other. General diversion terms include performing community service, pay diversion fees, court costs, alcohol evaluation costs, attending Alcohol Information School, and staying out of trouble for the diversion term (usually between 6 months to 1 year). At the end of the diversion term, if the defendant has performed all of his/her obligations, the prosecution dismisses the charge or charges that were diverted. This is the up side.

The down side is the diversion goes on your driving record, as a diversion and not a conviction, and stays there for a period forever. If you are EVER charged again with DUI, it will be charged as a second offense, even though the diversion resulted in the first offense being dismissed by the prosecution.

Second Offense DUI conviction:

A fine between $1,000.00 and $1,500.00 dollars;

A mandatory jail sentence between 5 days and up to 1 year (house arrest and work release options are available to the court);

An alcohol evaluation will be ordered and the defendant is required to attend and complete, at a minimum, a Drug and Alcohol treatment program (usually out-patient treatment for several weeks, if not months), but could be ordered into in-patient treatment (usually 30 days); and

A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction.

Third DUI conviction:

A fine between $1,500.00 and $2,500.00 dollars;

A mandatory jail sentence between 90 days and up to 1 year (house arrest and work release options are available to the court);

An alcohol evaluation will be ordered and the defendant is required to attend and complete, at a minimum, a Drug and Alcohol treatment program (usually out-patient treatment for several weeks, if not months), but could be ordered into in-patient treatment (usually 30 days); and

A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction.

Fourth and Subsequent DUI conviction:

A fine between $1,500.00 and $2,500.00 dollars;

A mandatory jail sentence between 90 days and up to 1 year (house arrest and work release options are available to the court);

Upon release from incarceration, the driver is assigned to supervision of the Kansas Parole Board and must complete an intensive outpatient program at a minimum.

A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction.

If, after reading this, you have questions, please do not hesitate to make an appointment to discuss your case. Call us at (795)537-4603 direct.