Second Offense DUI in Kansas

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In Kansas, a second offense DUI within 10 years is a "nonperson misdemeanor." If convicted of this offense, you will face the following penalties.

Administrative Penalties

If charged with a DUI in Kansas, the arresting officer will give you a DC-27 form. This form will notify you that you must request an administrative hearing within 10 days, or else your driver’s license will be automatically suspended. If you make a request within 10 days as specified on the DC-27 form, your driver’s license will not be suspended before an administrative officer hears your case and makes a decision. 

License Suspension. Generally, the period of suspension will vary from 30 days to 1 year. A second offense DUI will result in a longer period of suspension. Many factors, including your age and your blood alcohol concentration at the time of arrest, will influence the exact period of suspension. If you refuse the chemical test, your license will be suspended for 2 years in the case of a second offense DUI. License suspension is an administrative action separate from the DUI proceedings in court.

Look-Back Period

Kansas used to have a very tough stance on DUIs with a lifetime look-back period. That was considered too harsh and recently the Kansas legislature modified that to ten years.

Criminal Penalties

Jail time. Under Kansas law, the penalty for a second offense DUI is 90 days to 1 year in jail. After you have completed 2 days of your sentence, the judge can order that you complete the remainder of it under house arrest or in a work release program.

Substance abuse program. You will also have to take part in and successfully complete a substance abuse treatment program.

Fines. The fines for a second offense DUI in the state range between $1,000 and $1,500.

Plea Options

If you have been charged with a second offense DUI in Kansas, you can enter a guilty plea or plead not guilty. You cannot, however, enter into a plea bargain for a DUI offense.

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