Kansas DUI DWI

First Offense:

DUI CRIMINAL IMPLICATIONS: A first conviction for DUI is a Class B misdemeanor offense. The potential sentence is up to but not more than six months in jail. If convicted, the defendant must serve at least 48 consecutive hours in custody as a prerequisite to probation, unless the court allows the person complete 100 hours of community service instead of the mandatory minimum 48 hours in custody. The fine for a first conviction ranges between $500 and $1,000.

DUI DRIVERS LICENSE IMPLICATIONS: If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for a 30-day period, followed by 330 more days of restricted driving privileges. Some defendants may apply for unrestricted driving privileges following the 30-day suspension by requesting an ignition interlock device. If you test at or above .15% on a true first offense, or if you refuse the Intoxilyzer test, you face suspension of your driving privileges for a full year followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device.

Second Offense:

DUI CRIMINAL IMPLICATIONS: A second conviction for DUI is a Class A misdemeanor offense. The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. The defendant must serve at least five consecutive days in custody as a prerequisite to probation, but the judge can order the defendant to serve 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500

DUI DRIVERS LICENSE IMPLICATIONS: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on second offense, you face suspension of your driving privileges for a full year followed by an additional 2 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a second offense, you face suspension of your driver's license for 2 years.

Third Offense:

DUI CRIMINAL IMPLICATIONS: A third conviction for DUI is an "unscored felony" punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of work release or house arrest to satisfy the 90-day custody requirement. The fine for a third conviction ranges from $1,500 to $2,500. Each Judge and jurisdiction has a different unofficial sentencing guideline range that falls within the statute.

DUI DRIVERS LICENSE IMPLICATIONS: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on third offense, you face suspension of your driving privileges for a full year followed by an additional 3 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a third offense, you face suspension of your driver's license for 3 years.

Fourth Offense:

DUI CRIMINAL IMPLICATIONS: A fourth conviction for DUI is also an "unscored felony." Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. A person convicted of a fourth DUI, however, must serve 72 hours in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500.

DUI DRIVERS LICENSE IMPLICATIONS: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on fourth offense, you face suspension of your driving privileges for a full year followed by an additional 4 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a fourth offense, you face suspension of your driver's license for 10 years.

Fifth Offense:

DUI CRIMINAL IMPLICATIONS: A fifth conviction for DUI is treated very similarly to a conviction for a fourth DUI. There is a minimum 90 day sentence and a maximum of 12 months in prison. You must serve atleast 72 hours in jail prior to being eligible for a work release program and will be fined $2,500. Fifth DUIs will likely be sentenced closer to the maximum sentences depending again on the judge and jurisdiction.