
DUI Penalties in Kansas
Overland Park DUI Attorney
Penalties for a DUI conviction consist of fines, community service, license suspension and time spent in jail. The degree or amount of punitive action depends upon the severity of the offense. Felony DUI, vehicular manslaughter or a DUI with injury will be punished more severely than a first time DUI. The penalties also increase with multiple DUI offenses and instances where a driver's blood alcohol concentration level is proved to be well beyond the .08% amount threshold.
- Consequences are based of the number of DUI convictions you have, and include the following:
- For a first time DUI, for all matters occurring after July 1, 2012 in Kansas, you will have to pay between $750-$1000 in fines, may have to do 100 hours of community service, serve a minimum mandatory 48 hour jail sentence (prior to being eligible for probation) and have your license suspended for 30 days (followed by either a 6, or 12, month ignition interlock driving restriction), or a one year suspension (followed by a one year ignition interlock driving restrictions for a BAC amount of 0.15%, or greater).
- A second DUI conviction results in jail sentence of not less than 90 days (of which 5 days in jail must be served, or, in the alternative, 48 hours jail served PLUS a minimum of 120 hours of house arrest confinement - before probation can be granted); and a fine of between $1250 and $1750 - with a license suspension of one year plus ignition interlock driving restrictions of between one, and two years, duration (depending upon the BAC involved).
- A third DUI is a considered a misdemeanor if there were no prior DUI convictions occurring within the preceding 10 years, and a felony if there was a prior DUI conviction within the preceding 10 years. Regardless of whether the 3rd DUI is a misdemeanor, or felony, there is a sentencing range of between 90 days and one year in jail (the minimum 90 day jail sentence can, if approved by the court, can be served with as little as 48 hours of jail, followed by a minimum of 240 hours of house arrest confinement time until the full 90 day term is served) - the fine range is between $1750 and $2500.
- A fourth offense DUI is a nonperson felony with a sentencing range of between 90 days and one year imprisonment. The fine is $2500. The person must serve at least 72 hours in jail, followed by a minimum of 240 hours of house arrest confinement time to complete at least 90 days of total time served in order to be eligible for parole or probation.
However, it should be noted that these minimum incarceration periods are not the norm for sentencing. Much more harsh sentencing terms should be expected - unless special circumstances support a lesser sentence. Please note that the look-back period for determining prior DUI convictions is any conviction occurring on, or after, July 1, 2001.
A manslaughter charge brings much greater risk of lengthy imprisonment.
Call (913) 648-3360 for a Overland Park DUI Lawyer
At the Neighbors Law Office, my goal is to obtain the best possible result for each case I take on. My focus is on DUI defense, not other areas of criminal law. This has allowed me to fully understand DUI laws as I work with them every day, aggressively protecting the rights of those accused of DUI offenses. The penalties you face for conviction can be harsh and life changing and it is vital to have a determined Overland Park DUI lawyer who is committed to tackling the legal issues you face.
Commonly Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 913-648-3360 today!
-
Because it is illegal, under Kansas law, to plea bargain a DUI charge, the plea options, in a Kansas DUI matter, are usually limited to the following:
- Take the matter to Trial
- Consider diversion (if the person is eligible for diversion)
- Consider a plea of guilty, or no contest, to the DUI charge (if no better option is available) with negotiated plea minimums and, possible, dismissal of non-DUI charges that may be accompanying the DUI charge
A 4th alternative may be having the DUI charge dismissed IF the defense can show the prosecution that there is insufficient evidence to support a conviction to the charge - however, only an experienced attorney can understand the complexities of a DUI case, and conduct the relevant discovery (reports, lab results, video/audio recordings, and witness statements) needed to show the prosecution the true weaknesses to their prosecution case. I believe that every client deserves to have the best result possible under the circumstances of their case. I educate my clients on the relevant law regarding their factual circumstances so that my client can make the best decision possible regarding the outcome of their case.
- To receive clear cut answers to your questions on DUI charges, contact an Overland Park DUI lawyer from my firm.
-
My name is Steve Neighbors, and I've successfully practiced law for 30 years. I have purposefully narrowed the scope of my practice to concentrate on DUI defense and in my experience, it is only through aggressive, and thorough, defense work, in opposition to the prosecution of DUI charges, that my client will obtain the best outcome possible. Your freedoms and rights are at stake; and, with a knowledgeable attorney working for you, there are many times when your charges can either be reduced, or dismissed (for insufficient evidence to convict) - which could result in the penalties you face being diminished.
-
That depends upon the exact DUI offense you have been charged with, the severity of the crime and your prior DUI history. Commonly, DUI offenses are penalized by fines, community service, driver's license suspension, a jail sentence and possible impoundment of your vehicle. In addition, you will have to attend an alcohol awareness program. In some cases, an ignition interlock device will be installed in your car.
For more serious charges such as multiple DUI, felony DUI or vehicular manslaughter the penalties increase substantially.



-
Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!
“Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!”- Rene O. -
If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!
“If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!”- B.R. -
His prices are fair but more importantly, he gets the job done and keeps me in the loop.
“His prices are fair but more importantly, he gets the job done and keeps me in the loop.”- A.C.
Driver's License Suspensions
The laws of our state also require the installation of an interlock ignition device in your vehicle, at your expense, once you have been found guilty of a DUI crime. This device tests a driver's BAC level and will not allow an intoxicated driver to operate his or her vehicle.
One of the areas that I work diligently at is to challenge driver's license suspension matters, as I know how important it is to be able to drive. In many cases, there are proven methods to prevent your license from being suspended or to work towards getting your driver's license restored as quickly as possible. This includes the, possible, modification of a suspension that resulted from a DUI stop that occurred prior to July 1, 2011, to the new law that, otherwise, only applies to DUI stops occurring AFTER July 1, 201 2. There can be distinct advantages to having KDR modify the suspension term - including the possibility of requesting ignition interlock restrictions in lieu of actual suspension time.
Contact an Overland Park DUI attorney to understand DUI penalties and what can be done to effectively resolve them.
-
Personal Service - Responsive When You Need It Most
-
Handling Complex Criminal Defense Matters Since 1987
-
100% Devoted to Drunk Driving-related Cases
-
Providing a Free & Confidential One-on-One Consultation
-
Offering Flexible & Affordable Payment Plans
-
1,000s of Clients Served Throughout Kansas City Metro
