A second DUI conviction in Kansas is not treated lightly. While a first offense can already bring lasting consequences, a second conviction within ten years is a Class A misdemeanor that carries mandatory jail time, higher fines, and extended restrictions on your ability to drive. Courts and prosecutors often pursue these cases aggressively, viewing repeat offenses as an ongoing risk to public safety.
If you are facing a second DUI charge, it is critical to understand the penalties involved and the long-term impact a conviction can have on your life.
Jail Time and Sentencing
One of the most significant differences between a first and second DUI conviction is the mandatory minimum jail sentence:
- Minimum Jail Sentence: 90 days
- Maximum Jail Sentence: 1 year
Kansas law requires that you serve at least five consecutive days in jail before becoming eligible for house arrest or work release programs. The remainder of your sentence may be served under alternative arrangements if approved by the court, but incarceration cannot be entirely avoided.
Fines and Financial Costs
The financial burden of a second DUI conviction is steep:
- Minimum Fine: $1,250
- Maximum Fine: $1,750
These fines do not include additional costs such as court fees, probation supervision fees, alcohol evaluation and treatment costs, ignition interlock installation and maintenance, or higher insurance premiums. For many, the total financial impact can reach several thousand dollars.
Driver’s License Suspension and Ignition Interlock Requirements
Your driving privileges are also heavily impacted:
- License Suspension: 1 year
- Ignition Interlock Device (IID): Required for 1 to 3 years following suspension, depending on your blood alcohol content (BAC) and case details
The ignition interlock device requires you to pass a breath test before your vehicle will start. The costs of installation, monitoring, and maintenance are your responsibility.
If you refused chemical testing under Kansas’s implied consent law, your suspension may be longer, and the interlock requirement more severe.
Mandatory Alcohol and Drug Evaluation
The court requires all individuals convicted of a second DUI to undergo a substance abuse evaluation. Depending on the results, you may be ordered to participate in treatment programs ranging from outpatient counseling to inpatient rehabilitation. Compliance is not optional—failure to complete required treatment could result in further penalties.
Probation and Supervision
In addition to jail time, Kansas courts typically place second-time DUI offenders on probation after they serve the minimum sentence. Common conditions include:
- Regular check-ins with a probation officer
- Random alcohol and drug testing
- Mandatory participation in alcohol education or treatment programs
- Restrictions on travel or curfews
- Employment or education requirements
Violating probation can result in being sent back to jail to serve out the remainder of your sentence.
Long-Term Consequences of a Second DUI Conviction
A second DUI conviction in Kansas leaves a lasting mark on your record and your future:
- Criminal Record: DUI convictions cannot be expunged for many years, if at all in repeat cases.
- Employment Impact: Certain employers may not hire individuals with multiple DUI convictions, particularly in fields requiring driving, professional licensing, or trust.
- Professional Licenses: Nurses, teachers, CDL drivers, and other licensed professionals may face additional sanctions from their licensing boards.
- Higher Insurance Rates: Auto insurance premiums often skyrocket after a second DUI conviction, and some insurers may refuse coverage altogether.
Aggravating Factors That Can Increase Penalties
Certain circumstances can make a second DUI conviction even more serious, including:
- High BAC (0.15 or higher) – triggers longer IID requirements
- Child Passenger – can lead to additional charges
- Injury or Accident – may elevate the charge or bring civil liability
- Driving on a Suspended License – may result in felony charges
When aggravating factors are present, the penalties and long-term consequences can increase dramatically.
Why Legal Representation Matters
Facing a second DUI charge without skilled representation can be devastating. A Kansas DUI attorney can:
- Examine whether the traffic stop was legal
- Challenge the accuracy of breath or blood tests
- Question whether field sobriety tests were properly administered
- Negotiate for reduced penalties or alternative sentencing
- Represent you at both the criminal hearing and the administrative license suspension hearing
Because of the mandatory minimum penalties for a second DUI, having the right legal strategy can make a significant difference in the outcome of your case.
Call Bill Cummings LLC For a Free Consultation
A DUI conviction in Kansas can have significant and lasting consequences, but with the right strategies and legal representation, you can mitigate these impacts. Bill Cummings LLC is committed to helping you navigate the complexities of DUI defense and protect your future.
Contact us at (316) 264-1548 for legal assistance and ensure that you have a dedicated advocate on your side.