How DUI Penalties Are Changing in Kansas | Wichita DUI Attorneys

Wichita DUI Attorneys

If you have ever been charged with Driving Under the Influence, you understand the severity of consequences that can accompany a conviction. With the recent introduction of House Bill 2377, these penalties will differ due to changes to current Kansas DUI laws. Our Wichita DUI attorneys at the McConnell Law Firm have all the latest information regarding DUI legislation in the state and have detailed everything you need to know about DUI penalties below!

 

DUI Penalties

According to Kansas statute, all Kansas drivers convicted of a DUI face license suspension; however, the duration of the suspension for a first offense increases to one year if the offender’s Blood Alcohol Content (BAC) is 0.15 or higher. Once the license suspension has been served, the offender is restricted to driving only with an ignition interlock device (IID) for one year and may face a $200 reinstatement fee. During the license suspension period, the driver may apply for a restricted license.

Further offenses for a BAC of .15 or higher will carry penalties as follows:

Second Offense—

  • License suspension for one year
  • Restricted driving with an IID for two years
  • $400 reinstatement fee
  • 48 hours in custody followed by 120 hours of house arrest (can be served in any order, non-consecutively)

Third Offense—

  • License suspension for one year
  • Restricted driving with an IID for three years
  • $600 reinstatement fee
  • 30-day mandatory minimum time in custody

Fourth Offense—

  • License suspension for one year
  • Restricted driving with an IID for four years
  • $800 reinstatement fee

Fifth Offense—

  • License suspension for one year
  • Restricted driving with an IID for 10 years
  • $800 reinstatement fee

 

Understanding a Misdemeanor vs. Felony

While it is possible to be charged with a felony or a misdemeanor DUI charge, a standard first offense will almost always result in a misdemeanor unless the DUI offender kills or seriously injures another party. In this case, the driver will likely face felony charges. Additionally, if the driver has previous DUI charges, they may be more likely to be charged with a felony DUI. In the state of Kansas, a third-time offender must have no prior DUI charges within the previous 10 years to receive a misdemeanor conviction; otherwise, it will likely result in a felony.

 

Opportunities for Expungement

While convictions for minor offenses will remain on a defendant’s driving record for three years, DUI convictions and diversions will stay on a driving record for the driver’s lifetime. However, the driver may be able to have a conviction expunged after a set amount of time has passed. While the conviction may remain visible on certain government records or background checks, you can reduce the possibility of future employers or organizations learning about your conviction by partnering with an experienced DUI attorney who can help guide you through the expungement process. A driver’s eligibility for expungement is listed as follows:

First DUI offenses occurring on or after 1982 are eligible for expungement after five years have elapsed.
Subsequent DUI offenses occurring on or after July 1, 2014, but prior to July 1, 2015, are eligible to be considered for expungement if seven years have elapsed.
Subsequent DUI offenses occurring on or after July 1, 2006, to June 30, 2014, and on or after July 1, 2015, to present are eligible to be considered for expungement if 10 years have elapsed.

 

Have You Been Accused?

If you are facing DUI charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita DUI attorney about the specifics of your case, it is always in your best interest to have a skilled lawyer by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of one of our experienced Wichita DUI attorneys? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

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How DUI Penalties Are Changing in Kansas | Wichita DUI Attorneys

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Jonathan W. McConnell and his team have become well-known for their expert knowledge and unmatched tenacity. They have been rated highly by the public and their peers on many prestigious legal directories and professional organizations.