Penalties You May Face Under Kansas DUI Law
What to expect when you are faced with a DUI Charge in Kansas
By Adam Peer - Owner of The Law Office of Adam Peer, LLC
When charged with DUI in Kansas, what can happen?
A Kansas DUI case can result in harsh penalties and long ranging consequences. It is important to hire a seasoned, experienced attorney when facing a DUI charge in order to minimize those consequences as much as possible. When hiring an attorney, look for someone who is trained to administer the field sobriety tests, who is experienced and who knows the law, knows how to navigate it, and knows how to use it in the courtroom.
When charged with DUI in Kansas, two cases are instituted against you – a criminal case and a civil administrative case. The civil administrative case is between you and the Kansas Department of Revenue and can only penalize your driver’s license or driving privilege. The criminal case is between you and the State (or City in municipal court), and can result in penalties affecting your driver’s license, fines, jail time, and other lasting restrictions on your personal freedom such as diversion or probation.
In Kansas, the fine for a DUI depends on how many prior offenses are on your record, the disposition of your case, and what jurisdiction you find yourself in. A diversion generally costs between $750 – $1,200 and is generally paid at the time you enter diversion – although payment plans are negotiable in some jurisdictions. If you are convicted, your attorney should be able to get you time to pay – generally between 60 and 120 days. If you are convicted, the fine for a first conviction can be up to $1,000.00, up to $1,750 upon a second conviction and up to $2,500 on a third conviction.
Like the fines associated with a Kansas DUI, the minimum jail time per offense is graduated, increasing with each prior conviction on your record. A first conviction requires 48 hours in jail, while a second offense requires 5 days in custody, and so on. It is important to have an attorney who understands these penalties and knows how to negotiate within their context. For instance, Community Weekend Intervention Programs (CWIP) and house arrest may offer a viable jail alternative. I present DUI information at the Johnson County’s CWIP each month; whereas, a less experienced attorney may not know when these alternatives are available or even know that they exist.
Losing Driving Privileges, Limited Driving Privilege and Ignition Interlock Device
Kansas will suspend your driver’s license, or the privilege of an out of state driver, upon a DUI conviction or if you lose or fail to request your civil administrative hearing within 14 days of your arrest. If you provide a breath sample, you will be able to obtain a limited driving privilege 45 days after suspension provided you complete the required paperwork, pay the requisite application fee, and install an ignition interlock device on your vehicle. If you refuse to blow, you will have to wait 90 days before you can obtain the limited driving privilege.
The State has set this up in a carrot and stick manner that is designed to punish those who refuse to give evidence against themselves and reward those who give it freely. The limited driving privilege in Kansas gives licensees the ability to drive under very limited circumstances (work, school, court and treatment) during their suspension period. Installing an ignition interlock device in your vehicle is a condition of activating your limited driving privilege. After your suspension is over, you may be required to keep the ignition interlock device on your vehicle in order to satisfy a remaining ignition interlock restriction. Your attorney will be able to guide you through the process of obtaining a limited driving privilege and, if necessary, assisting you in having an ignition interlock device installed in your car.
Kansas DUI cases are complex and a seasoned, experienced attorney can help simplify the process and can aid in minimizing these consequences. I have handled many Kansas DUI cases, am certified to administer the NHTSA field sobriety tests, understand the sentencing alternatives, penalties, constitutional issues and administrative guidelines. I also make sure that my clients are aware of the applicable Kansas DUI expungement law and know when they are eligible to clean up their record. Even if your case is dismissed, an expungement is required to wipe away the arrest and court records.
Contact The Law Office of Adam Peer for more information or to schedule an initial consultation with an experienced DUI Defense lawyer you can trust. Adam’s goal is to resolve your legal issues effectively, quickly and affordably. Adam will work with you directly, keep you informed, and work tirelessly to aggressively fight for and protect your interests.
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Adam Peer – Attorney at Law
The Law Office of Adam Peer, LLC