What Happens To First Time DUI Offenders in Kansas?
DUI charges in the State of Kansas are pretty straightforward and do not have a lot of mitigating stipulations. Anyone who is found to be above .08% BAC on a breathalyzer or chemical test and is incapable of operating a vehicle due to substance intoxication can be charged with driving under the influence. Kansas provides categorical sentencing for first time offenders of a DUI charge. You can be ordered to serve 48 hours up to six months of incarceration with an equivalent of 100 hours worth of community service to wave jail time. Preference of sentencing is discretionary to the Judge who orders the ruling for a first time DUI offender. An additional fine of $500 to $1000 is mandated with an additional of $300 for alcohol evaluation and alcohol school fees with anywhere from $10 to 100.00 for court costs appointed to the convicted offender.
DUI probationary terms are only available to an offender in the state of Kansas after he/she has served a mandatory sentence of the minimum 48 hours. The terms of the probation are provided with absolutely no alcohol consumption, no outstanding warrants during the probation period, a mandatory enrollment to an alcohol rehabilitation school. Driving privileges are restricted to driving to and from work for the next 30 days and to and from school for 330 days depending on the lifestyle recourse of the offender. There is also a reinstatement charge of $100.00 with no exceptions or disabilities, the driving suspension will be added as part of your driving record.
First time offenders with a pristine background and outstanding merit in the community for the past five years are eligible for a diversion. This is a legally binding agreement between a DUI offender and the prosecutor , stating that you accept responsibility for the crime and agree to not violate any laws for the duration of one judiciary year, not to consume alcohol for a year and never go to establishments that serve alcohol with the exception of sporting events, restaurants and take randomly scheduled urine sample testing for legal compliance.
Diversion candidates are also ordered by a judge to attend alcohol counseling classes for eight hours and a two hour DUI victim panel as well as appointed duties as recommended by your diversion coordinator or alcohol counselor. If you fulfill all diversion requirements, the charges are dropped after a year.
Minimal charges are given to commercial drivers on first time offense, with a misdemeanor and sentencing of no less than 48 hours incarceration with a fine of not more than $500 aside from penalty-laws specific for non-commercial offenses. Disqualification from operating a commercial vehicle for no less than a year is also mandated.
Underage DUI Kansas
BAC count of .08 and higher will merit a license suspension for one year with a suspension of 30 days with a 330 day driving restriction for minors found to be at .02-.08% range. Diversion please merit equal suspension time until the duration of the program is completed ( 12 months normally ).
Get Kansas DUI Help: Repeat Offenses for DUI Arrests
Repeat offenders, be subject to heavier criminal and administrative penalties and are discretionary to the Judge and may not be clearly enumerated since each case is exaggerated by a different circumstance and degree of DUI arrest. As more mitigating conditions and duplicate offenses are presented, the sentencing becomes more unconstrained. The chemical testing results from your DUI conviction history is also taken into consideration, such as your BAC level results and will put you in higher accountability if you were convicted with chemical testing results in the .15 to .20 Blood Alcohol Levels. At this point the court will appoint mandatory drug testing and enrollment in an alcohol treatment facility as part of your sentencing parameters which you will have to pay for.
The reprimand for a repeat DUI convict with connected asset damage or calamity that leads to bodily harm and worse, bereavement will be subject to the maximum type of suit, where the court is expected to sentence defendants under criminal charges. Suspects are charged with Felony DUI which has a lengthier sentencing definition.
Hire an experienced Kansas DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.