Kansas DUI Criminal penalties for Driving Under the Influence of alcohol or drugs in Kansas can be harsh. The legal limit for intoxication in Kansas is .08% Blood Alcohol Concentration (BAC) Under Kansas Law, there is a “lifetime look-back period,” meaning that all prior DUI or DWI convictions which have occurred at any time or in any state can be used by a prosecutor in determining how to prosecute a person charged with DUI.

Kansas also defines “past convictions” very broadly. These can include past DUI diversions, suspended sentences and deferred judgements which may not necessarily have been court convictions or guilty pleas. Basically, this means that a person charged in the 1980’s with DUI and who now finds themselves with a pending DUI charge will be prosecuted as a second-time offender.

Serious Charge, Serious Consequences

At Traffic Law Central of Bukaty Law Offices, P.A., we are highly experienced in representing clients charged with all types of DUI offenses, both misdemeanor and felony. We fight hard to keep our clients out of jail and help them to retain their driving privileges.

Penalties For DUI Conviction

If you plead guilty, plead no contest or are found guilty at trial for Driving Under the Influence (DUI), you can be facing the following penalties:

First DUI Conviction

A first-time conviction carries a minimum jail sentence of 48 hours up to a maximum jail sentence of six months. Generally the court will also impose a 12-month probation and a fine of between $500.00 and $1000.00. The court will also require that you obtain an alcohol or drug evaluation and complete any “treatment” recommendations. Fortunately, in some first-time DUI cases, it may be possible to qualify for a Diversion Program (for additional information on **link** Diversions, click here). Even if you do not qualify for diversion, there can still be ways to avoid jail-time on first offense DUI charges. Our DUI Defense Firm at Traffic Law Central can discuss these options with you in greater detail.

Second DUI Conviction

A second offense DUI conviction carries a minimum jail sentence of 5 days up to a maximum jail sentence of 1 year. There is also a 12-month probationary period, fines of between $1000.00 and $1500.00 and court-ordered treatment. However, depending upon the circumstances, it can be possible to serve no jail time – even on a second DUI. For example, at Traffic Law Central, we often negotiate agreements with prosecutors for house arrest or attendance at a weekend alcohol education program (or a combination of both) instead of jail time. Depending upon the court, work- release programs can also be an option to prevent clients from losing their employment.

Third DUI Conviction

Conviction of a third offense DUI is a felony and is always prosecuted in county district court rather than in municipal or city court. A third offense DUI conviction carries a minimum sentence of 90 days up to a maximum sentence of 1 year in jail or prison. Probation is only possible after at least 90 days in custody are served. There are also fines of between $1500.00 and $2500.00 in addition to mandatory court-ordered treatment. Fortunately, in many third offense DUI cases, it is possible to negotiate agreements with prosecutors which can result in much of a 90-day jail sentence being served on house arrest or work-release programs although such agreements are subject to a judge’s approval. All felony DUI cases must be carefully reviewed for potential defenses since Kansas prosecutors do not have the option of amending or reducing a felony DUI charge to a misdemeanor level offense.

Fourth DUI Conviction

Conviction of a fourth offense DUI is also a felony and carries a minimum sentence of 90 days and maximum sentence of up to 1 year in jail or  prison. There is a fine of $2500.00. Individuals convicted of fourth offense DUI’s must participate in a drug and alcohol treatment program administered by the Kansas Department of Corrections. Probation is not available on fourth offense DUI’s although there is a 1-year period of post--release supervision directed by the Kansas Parole Board. Depending upon the jurisdiction, work-release programs can sometimes be available for those convicted of fourth-time DUI charges. It can also be possible to negotiate with prosecutors for reduced jail sentences of much less than 1 year in custody.

Don’t face such harsh penalties alone! At Traffic Law Central of Bukaty Law Offices, P.A., we fight hard for our clients! Contact us today for your FREE, Confidential Consultation or get your FREE Quote Now

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Most first and second offense DUI’s in Kansas are charged as misdemeanors. However, if an individual has had two previous DUI convictions that a prosecutor can discover by reviewing your criminal history,  Kansas Law makes it mandatory that a third offense DUI be charged as a felony. In addition to criminal penalties, the State of Kansas can also suspend or revoke your driving privileges for long periods of time with no hardship license available.