Kansas DUI Laws & Kansas DUI Attorneys

The Kansas legislature has implemented laws which mandate harsh penalties and punishments for drivers driving under the influence of alcohol (or drugs) with blood alcohol content (BAC) level of .08% or higher. In this manner, police officers can pull you over for suspicion of DUI based on one of two circumstances. First, if you are seen driving in an unsafe manner, appear to have ingested alcohol or drugs, and fail a field sobriety test, officers have the right to arrest you for DUI. You can also be arrested and convicted if your BAC level is .08% and greater. BAC is the measure of alcohol level in a human’s blood stream. You have the option to refuse the test but doing so can only worsen your case.

DUI Arrests in Kansas

Once arrested, you will have to face two separate cases: one is the criminal case and the other is an administrative case. The first case determines your probable monetary penalties, jail time and class requirements. When you are facing a Kansas DUI case, you are likewise putting at risk your driver’s license to be revoked. An administrative hearing with the Kansas Department of Revenue will determine how long your license will be suspended. Since you are only given 10 days to make an appeal, you will surely need the help of a qualified DUI lawyer. Failure to request the hearing will automatically suspend your license by default.

Basic Consequences for First Time Offenders

If you are convicted for the first time with Kansas DUI case, you may probably have lighter consequences compared to the charges for habitual offenders. Nevertheless, you can expect to face the following consequences over a DUI case:

  • Class B misdemeanor charges
  • Imprisonment of 48 hours up to 6 months
  • Payment of fines worth $500 to $1,000
  • Render 100 hours of community service in place of jail time
  • Undergo drug and alcohol evaluation
  • Attend treatment program

 

Your Kansas DUI offenses are kept in record for 5 years. Committing the same offense while serving the 5-year washout period can increase the severity of these charges. But if this is your first DUI conviction within the 5-year period, you can apply for diversion. This means that you voluntarily admit your guilt without having to deal with formal conviction provided that you also submit yourself for the following terms:

  • Maintain an alcohol-free system for one year
  • Avoiding places that serve alcohol
  • Submit random urine samples
  • DUI Victims Panel
  • Attend alcohol education class

 

Kansas DUI Diversion has one chief benefit. If you are eager enough to comply with the mentioned conditions, all charges filed against you for DUI case will be dropped after one year.

License Suspensions for Kansas DUI

In Kansas, if you are convicted of DUI you will be required to surrender your license in the following manner:

  • First offenders – 30 days suspension, 330 days restricted privileges
  • Second offenders – 1 year suspension
  • Third offenders – 1 year suspension
  • Fourth offenders – 1 year conviction
  • Fifth offenders – permanent suspension

You can apply for a restricted license while serving your suspension, but you are only allowed to drive to and from work or school. For subsequent offenders, they are required to install an ignition interlock device on their vehicle for the first year after completing the suspension.

Insurance Consequences

If you are convicted of DUI in Kansas, you will either find that your insurance premium shoots up significantly, or that you are dropped by your insurance carrier. And if plan to shop for new coverage, you will certainly have a difficult time looking for a new carrier who will offer a sound rate despite your DUI conviction.

 


State DUI Laws



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