Third Offense DUI in Kansas

A third DUI in Kansas within ten years can have serious administrative (loss of driving privileges) and criminal penalties (jail time and fines). These penalties will become even more severe if there are aggravating factors such as serious property damage or physical injury.

A Third Offense DUI in Kansas is a Felony

To count as a third offense DUI in Kansas, the arrest must occur within 10 years of your first DUI. (Previously Kansas had no lookback period -- but that was recently revised to 10 years). An offense occurs when the driver is tested as having a blood alcohol concentration (BAC) equal to or greater than .08%. A third offense is categorized as a "nonperson felony".

Judicial and Administrative Penalties

Judicial penalties consider jail time while administrative penalties focus on issues surrounding your license suspension. A third offense DUI in Kansas results in the following penalties:

  • Fines ranging from $1,500 to $2,500
  • Jail time lasting from the mandatory 90 days to 1 year
  • Loss of drivers license for 1 year
  • The use of an ignition interlock system following the year of suspension
  • Mandatory Drug and Alcohol Evaluation and Treatment – In Kansas one possibility is the Alcohol and Drug Safety Action Education Program. You will have to pay for this out of pocket expense

If, however, you refuse the Intoxilyzer Test, you will be faced with additional jail time. You may face a minimum mandatory time in jail of 180 days prior for consideration for probation and a possible 2 year term in jail. This is the result of the law of Implied Consent. Your license suspension may extend to 3 years. Your fine may also increase to as high as $5,000 if the judge so decides.

How Should I Plead?

In Kansas, you cannot plea bargain on a DUI charge. By pleading guilty, or no contest, you face being convicted on a third offense DUI. If you decide to plead not guilty, you will require a lawyer. 

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