Charged with DUI in Kansas? Hire a Kansas DUI lawyer to fight your case

In the state of Kansas, if you are caught driving or operating any vehicle with a blood alcohol level of 0.08% or higher, you will be charged and arrested for DUI. Before you begin to fight your case, you should consult several Kansas DUI attorneys and lawyers who are aware of DUI laws in Kansas and who can help you get out of trouble. Once you consult a few different lawyers, it will be easy for you to choose one to handle your case.

Diversion for first time offenders

In Kansas, first time offenders have an option to go for diversion, which is an alternative to conviction. If your case if being defended by a professional Kansas DUI lawyer, you can get away from being formally convicted by entering a guilty plea. This can leave a positive outcome on your records, and not affect your personal freedom.

In a diversion, the offender has to meet certain conditions and follow them for a year. If they are successfully followed, the prosecutor will dismiss all charges against the offender. These conditions include abstaining from drinking alcohol and violating any other law for one year, submitting to a random urine test anytime during the year, attending an alcohol education class for a minimum of 8 hours, along with a 2 hours DUI victim panel. However, it should be noted that the option for diversion is not open for second time or subsequent offenses.

First Time Offense

First time offenders are fined between $500 up to $1000 and jailed for a minimum of 48 hours up to 6 months. They may also be required to do 100 hours of community service. Offenders with BAC under 0.15% have their license suspended for 30 days and have restricted driving privileges for 330 days. However, in the case if BAC is above 0.15% or if the driver refused a chemical test, his or her license is suspended for a year, followed by 1 year of ignition interlocking.

Second Time Offense

Second time offenders in Kansas are fined anywhere between $1000 up to $1500 and jailed for a minimum of 90 days up to a year. In some cases, probation is possible after a minimum of 5 days in jail, and the offender has to be under house arrest or part of an in-patient treatment program for that. After release, the offenders drivers license is suspended for a year, which is followed by 1 year ignition interlock if BAC was below 0.15%. In the case it was higher, or if the driver refused to give a test, the offender is sentenced 2 year vehicle impoundment or immobilization along with alcohol or drug treatment.

Third Time Offense

Third time offenders are considered a felony in the state of Kansas and are fined between $1500 up to $2500. Offenders are jailed for a minimum of 90 days up to a year, followed by a 1 year suspension of their drivers license. Like in a second time offense, if the driver is found with BAC below 0.15%, the release has to be followed by 1 year ignition interlock device. However, if BAC is above 0.15% or if the driver refused to give a test, then the ignition interlock period is extended to 3 years after a 1 year license suspension.

Fourth Time Offense

Fourth time offenders in the state of Kansas are fined $2500 and are jailed for a minimum of 90 days up to a year, followed by a 1 year license suspension period and a 1 year ignition interlock device. Again, if BAC is above 0.15% or if the driver refuses to give a test, the ignition interlock device period is extended to 4 years along with mandatory drug and alcohol treatment after release.

Fifth Time or subsequent Offenses

Any subsequent offenses after the fourth offense are fined $2500 and the offender is jailed for a minimum of 90 days up to a year. The offenders driving privileges are revoked for a lifetime along with mandatory drug and alcohol treatment after release.

To fully understand the penalties associated with a Kansas DUI charge, it is strongly recommended that you consult with a Kansas DUI lawyer that you are most comfortable with and who can knowledgeably represent you throughout your trial and court proceedings.  You can find a Kansas drunk driving attorney by typing in the city of your arrest above or call our 24 hour DUI hotline

Additional resources

• Kansas Department of Motor Vehicle
• Kansas State Bar Association