Kansas Driving Under the Influence Law
In common with many other States, a DUI arrest in Kansas will lead to two cases being brought against the defendant, a criminal case and a Kansas Department of Revenue case. If you have been arrested for DUI in Kansas, you have only 10 days in order to apply for a hearing at the Kansas Department of Revenue in order to retain your driver's license. It is therefore essential that you contact a Kansas DUI lawyer as soon as possible.
Charges for DUI in Kansas can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.
Kansas law requires that any conviction be “beyond reasonable doubt”, if sufficient doubt exists then a verdict of “not guilty” must be returned.
| Conviction | Punishment |
| First | Between 2 days and 6 months in prison, fine between $500 and $1000, 30 day suspension of license and 330 days restricted driving privileges, drug/alcohol evaluation and compulsory treatment. |
| Second | Jail term between 90 days and 1 year, fine between $1000 and $1500, license suspended for 1 year followed by the fitting of an ignition interlock for 1 year. |
| Third | A third conviction is upgraded to a felony. 90 days mandatory imprisonment, fine between $1500 and $2500, license suspended for 1 year followed by the fitting of an ignition interlock for 1 year. |
| Fourth | Also a felony 90 days minimum imprisonment, fine of $2500, license suspended for 1 year followed by the fitting of an ignition interlock for 1 year. Any further conviction will lead to permanent loss of license. |
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