A second DUI conviction is a class A non-person misdemeanor in Kansas. Second-time offenders are generally looking at several days in jail, a fine, probation, and license suspension. However, many factors come into play with DUI sentencing. This article discusses the specific penalties you'll face if convicted of a second DUI in Kansas.
Jail time. A second-offense DUI normally results in 120 hours to 12 months of imprisonment. If the judge grants probation, the convicted motorist must serve at least 120 hours in jail before being released on probation. However, judges typically have the discretion to order house arrest or work release after 48 hours of jail time has been served.
Probation. DUI probation is usually for one year. Anyone on probation must abide by certain restrictions. These restrictions might include not consuming alcohol or drugs, drug and alcohol testing, and abiding by all other laws and ordinances. Violating a condition of probation can result in jail time.
Fines. A person who's convicted of a second DUI also faces fines between $1,250 and $1,750, plus court costs and supervision fees. These additional costs and fees vary by city and county but generally are less than $250.
The court reports all DUI convictions to the Kansas Department of Revenue. For most second-offense DUIs, the Department will suspend the driver's license for one year. After license reinstatement, the motorist is restricted for one year to driving only a vehicle with an ignition interlock device (IID). An IID is an in-car breathalyzer that must be installed and maintained by a licensed distributor at the expense of the driver.
However, drivers who had a blood alcohol concentration (BAC) of .15 g/ml or more face a one-year suspension and two-year IID restriction. And drivers who refuse to consent to a breath, blood, or urine test are looking at a one-year suspension and three-year IID restriction. Finally, the licensee shall forever be disqualified from driving a commercial motor vehicle.
Some drivers may be eligible to apply for a "restricted license" after 45 or 90 days of their suspension. A restricted license is for driving only to and from work and school, and the driver must have an IID.
It should be noted that a driver's license may be suspended by the Department of Revenue even if the court ultimately dismisses the criminal case: A DUI arrest—without a subsequent conviction—where the person tested with a BAC of at least .08 g/ml or refused testing is enough to trigger the suspension.
If you've been arrested for driving under the influence in Kansas, it's a good idea to talk to a DUI lawyer. DUI law is complicated and the facts of each case are different. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action.