While some people learn after their first DUI incident that drinking and driving is not worth the safety risks and penalties, the habit of drinking and driving can be a tough one to break. Unfortunately, it is not uncommon for subsequent DUI offenses to occur once a person has already been convicted of driving while impaired in Kansas. Even though each subsequent DUI carries heavier penalties than the ones before it, some drivers continue to reoffend until they are incarcerated, and even offend again after they are released.
On January 25, 2014, a Kansas man was arrested and charged with his fifth DUI, in addition to charges for failing to have his ignition interlock device in his vehicle. The twenty six year old man was asleep in his truck, which was parked with the engine running, when the deputy arrived. The ignition interlock device which was supposed to be in the truck as a result of his prior DUI convictions was not in the vehicle at the time of his arrest.
In Kansas, a person’s first DUI conviction is a class B, nonperson misdemeanor. The penalties may include jail time of forty eight hours to six months, or, if the judge deems it appropriate, one hundred hours of community service. Fines for a first-time DUI are between $750.00 and $1000.00, and offenders must undergo a drug and alcohol evaluation. Also, the offender must follow any recommendations which result from their drug and alcohol evaluation.
As you might imagine, the stakes are higher for repeat offenders. A second DUI conviction is a class A, nonperson misdemeanor. The sentence is between ninety days and one year, and the offender must serve at least five consecutive days before being granted probation, parole, suspension of sentence, or any other form of release. A combination of work release and imprisonment may be granted in some cases. The fine for a second-time DUI can be from $1250.00 to $1750.00.
A third DUI offense will be handled in one of two ways. If the offender’s second offense occurred more than ten years ago, with the ten year period excluding any periods of incarceration, then the third offense DUI will be considered a class A, nonperson misdemeanor, and it will carry the same ninety day to one year sentence as a second offense DUI. However, instead of five consecutive days, the offender must serve ninety days of imprisonment or participate in a combination of work release and imprisonment before being granted probation, parole, or any other form of release. The fine for a third DUI in Kansas under these circumstances is between $1750.00 and $2500.00. If the offender’s third DUI offense occurs within ten years of their second DUI offense, the offense is considered a nonperson felony, and the penalties and fines are the same as for a third offense misdemeanor DUI.
Fourth offense DUIs and any subsequent DUIs, like the fifth offense described above, are felonies. The sentence is between ninety days and one year, with a requirement that ninety days of consecutive time or participation in an approved combination of work release and imprisonment be served before the offender is granted parole, probation, or other release. The fine is $2500.00.
With any Kansas DUI offense, the penalty may carry an additional month of imprisonment if the offense occurred while there were any children under the age of fourteen in the vehicle.
If you want to ensure the best possible outcome for your DUI case, it is essential that you seek the assistance of a skilled Kansas DUI Defense Attorney. To learn more about how a Kansas DUI Defense Attorney can help you with your case, please call the Wichita office of Cummings & Cummings, L.L.C. today at (316) 264-1548.
Tags: Kansas criminal defense attorney, Kansas DUI defense lawyer
