DUI Representation in Wichita and Kansas
At O’Hara & O’Hara, we know that people make mistakes, but that doesn’t mean that they should have to spend years of their lives making up for poor judgment. For years, our Wichita DUI defense lawyers have been helping clients fight their driving while intoxicated charges with outstanding results.
Drinking and Driving Laws in Kansas
The drunk driving laws in Kansas prohibits driving with a blood alcohol concentration (BAC) of .08 percentage or above. The limits are lower for drivers of commercial vehicles and minors. The .08 limit is the standard measurement used across the United States for the “impaired” driver. The Kansas law extends to alcohol, drugs or both. If you are driving with a child under the age of 14 in your vehicle when you commit a DUI, your punishment will be extended by one additional month of imprisonment.
The State of Kansas has strict laws for drunk driving, and when you drink and drive in Kansas, you risk your freedom, finances and your future.
1st DUI Offense
For the first DUI conviction you receive in Kansas you will receive a mandatory 48 hours in jail and 100 hours of community service. You will also be ordered to participate in a drug safety action education program or a drug and alcohol evaluation program at your own expense. You will also be fined from $500-$1,000 in addition to paying your court costs, evaluation fees and probation. Your drivers license will be suspended initially for 30 days and then restricted for 330 days. It is also possible that your vehicle will be impounded for up to one year.
2nd DUI Offense
A second drunk driving conviction in the State of Kansas will cost you from 90 days to 1 year in jail. You will also be fined from $1,000 to $1,500 plus court costs, probation and court evaluation fees. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.
3rd DUI Offense
Your 3rd drunk driving offense in Kansas is a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined from $1,500 to $2,500 plus court costs, evaluation fees and probation costs. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.
4th DUI Offense
Your 4th drunk driving offense in Kansas is also a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined $2,500 plus court costs, evaluation fees and probation costs. You will be ordered to complete a alcohol and drug treatment program at your own expense. Your license will also be suspended for 1 year. After the 1 year driving suspension is completed you will be ordered to install a ignition interlock device at your expense for one year. Your vehicle may also be impounded for a period of 1 year.
Once you are released from jail / prison, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a 1 year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program at your own expense.
5th DUI Offense
Your 5th drunk driving offense in Kansas is also a felony. You will be imprisoned from 90 days to 1 year in jail. You will also be fined $2,500 plus court costs, evaluation fees and probation costs. Your Drivers license will revoked for life. Once you are released from jail / prison, you will be placed in the custody of the Secretary of the Kansas Department of Corrections for a 1 year period of post-release supervision which shall be required to include completion of a drug/alcohol treatment program at your own expense.
Involuntary Manslaughter
The Kansas Legislature passed stiffer penalties effective July 1, 1996, for those convicted of involuntary manslaughter while driving under the influence. If sentenced under this law, you will likely receive imprisonment, ranging from 38 to 172 months. A new law passed in 2001 amends the criminal history classification law dealing with the crime of involuntary manslaughter while driving under the influence of alcohol or drugs to provide that a prior DUI violation of another state’s law of a city ordinance or county resolution shall count for criminal history purposes as a person felony.
DUI with Child Under 14
Any person convicted of a DUI who has a child under 14 years of age as a passenger shall have their punishment enhanced by one month of imprisonment. The enhanced imprisonment must be served consecutively to any other penalty.
New Kansas DUI Laws
Effective July, 2010, Kansas modified its laws to prohibit offenders from applying for a work release program until they have served at a minimum 72 consecutive hours of mandatory jail time. Also, the minimum fine has increased to $2,500 from the original $1,500 for repeat offenders. The changes also include revocation of the driving license upon a third conviction instead of the original fourth conviction.
Two new DUI bills were signed into laws in 2010. The two bills are Kansas Senate Bill 368 and Kansas Senate Bill 586 . These bills are reflected on our dui laws page and in the penalties section above. Specifically, for a third DUI conviction, offenders must serve a term of 72 consecutive hours in jail before the offender is eligible to participate in a work release program.
For a fourth or subsequent DUI conviction would bring an increase in jail time from 90 days to one year, to 180 days to one year. The term of incarceration that must be served prior to work release would increase from 72 to 144 consecutive hours.
Work with experienced DUI attorneys in Wichita, Kansas
Note that proving these points require complicated legal processes as well as knowledgeable legal counsel. The lawyers at O’Hara and O’Hara Law Offices, are based in the Wichita, Kansas with Spanish-speaking individuals on staff. Give us a call today at (316) 263-5601 or visit our office at 1223 E. 1st Street North, Wichita, KS 67214 for your FREE Immigration Consultation.
Disclaimer: We try to keep the information provided up to date. However, laws often change, as do their interpretation and application. We recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
