The state of Kansas recently amended the laws concerning DUI convictions. The current law, Senate Bill 6, was official signed by the governor on May26, 2011. Senate Bill 6 took effect on July 1, 2011. It partially changed the penalties of a DUI conviction in Kansas. Similar to the prior DUI laws, the severity depends on prior convictions and if there are multiple convictions.
Out right refusal to submit a breath test, blood or urine test results in a suspension of one year followed by an ignition interlock regardless of prior DUI incidences in Kansas. The length the ignition interlock is effective varies based on prior convictions. If it is the first offense of DUI and the breath test results are a failure with an alcohol level of .08 to.15 the length of driving suspension is 30 days followed by 6 months of ignition interlock. The length of interlock is extended to 12 months if there is a prior MIP, Open Container or three moving violations. The driving suspension is increased to one year if the failure of a breath test is over .15 for a first time offense or over .08 on a second or more offense. This is still followed by ignition interlock which will be based on the number of prior convictions.
A big change occurs now with anyone who is has received a suspension may obtain a newly restricted license which will allow the ability to drive to and from school or work and the ability to drive to alcohol treatment after a 45 day suspension. The restricted license must come with an interlock device used only with the allowances to drive per the restriction. Ultimately the one year suspension becomes 45 days suspension with ignition interlock and driving restrictions.
The newly amended law can be retroactive for people suspended from driving prior to July 1, 2011. In order for the retroaction to be applied an application and $100.00 fee must be paid. If these prior convictions have previously completed 45 days suspension a restricted license with ignition interlock can immediate take effect. After July 1, 2011 they fee is only $50.00 to request an administrative hearing.
Minimal fines on all Kansas DUI convictions have increased by $250.00. So as of July 1, 2011 a first time DUI offense will cost the individual $750.00 and a second offense is $1,250.00.
The residential treatment option opposing jail time no longer exist for second or subsequent convictions. A 48 hour minimal jail time is required for a second time offender plus a work release of 72 hours in addition to the hours the person is working or an additional 120 hours on house arrest.
Third time DUI convictions in Kansas are addressed based on whether prior convictions have or have not occurred within a ten year span. With no prior DUI convictions within the last ten years, the third offense is considered a misdemeanor punishable by $1,750.00 in fines, 48 hours jail time followed with 192 additional work release hours or house arrest with a G.P.S. for 240 hours excluding the time the convicted individual is allowed out of the house. The third conviction with a prior within ten years is felony with the same minimal punishment.
A fourth Dui conviction in Kansas is a felony regardless of time spans. This offense is punishable by a minimal of $2,500.00 in fines, 72 hours in jail followed by 168 work release hours or 240 hours of house arrest with a G.P.S.
Effective July 1, 2011, any prior convictions and diversions will not count against individuals as convictions in determining offenses. So anyone convicted of a DUI after July1, 2011 with prior convictions can still be convicted as a first time offense. A DUI conviction can be expunged after 10 years.
The newly effective amendments to DUI laws are increasingly complicated but broken down into layman’s terms makes the essence of understanding them much easier. Carrying out previous convictions, new terms and suspensions will require much deliberation and only time will tell how they are handled and addressed.
Hiring an attorney that is experienced in DUI and knowledgeable on the new laws will be crucial to your once you have been arrested on DUI. At Cummings & Cummings, L.L.C. we know each case is about you. Your needs always come first. We work aggressively to protect and defend our clients’ rights and seek minimal charges when possible. We utilize every available resource to investigate and explore the facts so we can work to achieve results you can be satisfied with. For a free consultation call (316) 264-1548. Our firm represents clients throughout Sedgwick County and south-central Kansas. Let us work for you!
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