First Offense:
DUI CRIMINAL IMPLICATIONS: A first conviction for DUI is a Class B misdemeanor offense. The potential sentence is up to but not more than six months in jail. If convicted, the defendant must serve at least 48 consecutive hours in custody as a prerequisite to probation, unless the court allows the person complete 100 hours of community service instead of the mandatory minimum 48 hours in custody. The fine for a first conviction ranges between $500 and $1,000.
DUI DRIVERS LICENSE IMPLICATIONS: If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for a 30-day period, followed by 330 more days of restricted driving privileges. Some defendants may apply for unrestricted driving privileges following the 30-day suspension by requesting an ignition interlock device. If you test at or above .15% on a true first offense, or if you refuse the Intoxilyzer test, you face suspension of your driving privileges for a full year followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device.
Second Offense:
DUI CRIMINAL IMPLICATIONS: A second conviction for DUI is a Class A misdemeanor offense. The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. The defendant must serve at least five consecutive days in custody as a prerequisite to probation, but the judge can order the defendant to serve 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500
DUI DRIVERS LICENSE IMPLICATIONS: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on second offense, you face suspension of your driving privileges for a full year followed by an additional 2 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a second offense, you face suspension of your driver's license for 2 years.
Third Offense:
DUI CRIMINAL IMPLICATIONS: A third conviction for DUI is an "unscored felony" punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of work release or house arrest to satisfy the 90-day custody requirement. The fine for a third conviction ranges from $1,500 to $2,500. Each Judge and jurisdiction has a different unofficial sentencing guideline range that falls within the statute.
DUI DRIVERS LICENSE IMPLICATIONS: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on third offense, you face suspension of your driving privileges for a full year followed by an additional 3 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a third offense, you face suspension of your driver's license for 3 years.
Fourth Offense:
DUI CRIMINAL IMPLICATIONS: A fourth conviction for DUI is also an "unscored felony." Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. A person convicted of a fourth DUI, however, must serve 72 hours in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500.
DUI DRIVERS LICENSE IMPLICATIONS: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on fourth offense, you face suspension of your driving privileges for a full year followed by an additional 4 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a fourth offense, you face suspension of your driver's license for 10 years.
Fifth Offense:
DUI CRIMINAL IMPLICATIONS: A fifth conviction for DUI is treated very similarly to a conviction for a fourth DUI. There is a minimum 90 day sentence and a maximum of 12 months in prison. You must serve atleast 72 hours in jail prior to being eligible for a work release program and will be fined $2,500. Fifth DUIs will likely be sentenced closer to the maximum sentences depending again on the judge and jurisdiction.
DUI DRIVERS LICENSE IMPLICATIONS: If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail or refuse the test, you face permanent revocation of your driving privileges.