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Kansas DUI Penalties & Punishments



Under Kansas DUI Law, the penalties that are typically imposed upon a criminal DUI conviction in are listed below. For more information on the administrative penalties that also may apply, click on the Kansas Driving tab.

DIVERSION – Diversion is an alternative to a conviction, wherein a DUI defendant will enter a guilty plea but will not be formally convicted. In exchange, the DUI defendant must comply with certain conditions, such as abstaining from drinking alcohol or violating laws for one year, submission to random urine tests, and attendance at an eight hour alcohol education class and a two hour DUI victim impact panel. If after one year the defendant complies with all conditions, the prosecutor will dismiss all charges. Diversion is not available to DUI offenders who have prior offenses, were involved in an accident resulting in injury, or had high BAC results. For persons subsequently convicted of DUI, a prior diversion will count as a conviction.

FIRST OFFENSE DUI – MISDEMEANOR – FINES: $500-$1,000; JAIL: 48 hours – 6 months in jail, or 100 hours of community service; LICENSE SUSPENSION: 30 days suspension and 330 days restricted driving privileges (to work and school only) if BAC under .150, one year suspension followed by one year ignition interlock device if chemical test was refused or if BAC was above .150; OTHER: alcohol abuse treatment education and possible vehicle immobilization.

SECOND OFFENSE DUI – MISDEMEANOR – FINES: $1,000-$1,500; JAIL: minimum 90 days – one year in jail (probation possible after minimum 5 days confinement, either in jail, house arrest, or in-patient treatment program); LICENSE SUSPENSION: one year suspension followed by one year ignition interlock if BAC under .150, or one year suspension followed by two year ignition interlock if chemical test refusal or BAC was above .150; OTHER: 2 year vehicle impoundment or immobilization and alcohol/drug treatment.

THIRD OFFENSE DUI – MISDEMEANOR OR FELONY – FINES: $1,500-$2,500; JAIL: minimum 90 days – one year in jail (up to 88 days may be work release); LICENSE SUSPENSION: one year suspension followed by one year ignition interlock if BAC under .150, or one year suspension followed by three year ignition interlock if chemical test refusal or BAC above .150; OTHER: vehicle impoundment/immobilization possible.

FOURTH OFFENSE DUI – FELONY – FINES: $2,500; JAIL: minimum 90 days – one year; LICENSE SUSPENSION: one year suspension followed by one year ignition interlock, or if BAC above .150 or chemical test refusal one year suspension followed by 4 year ignition interlock; OTHER: post-release supervision with mandatory drug/alcohol treatment.

FIFTH OR SUBSEQUENT OFFENSE DUI – FELONY
– FINES: $2,500; JAIL: minimum 90 days – one year in jail; LICENSE SUSPENSION: lifetime revocation of driving privileges; OTHER: post-release supervision with mandatory drug/alcohol treatment, mandatory ignition interlock or vehicle immobilization for 2 years.

MINOR IN VEHICLE
– persons convicted of DUI who had a minor child under the age of 14 in the vehicle at the time of the offense will have an additional one month of jail time added to their punishment.

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