A third DUI conviction is usually a class A non-person misdemeanor in Kansas. Third-time offenders are generally looking at several months 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 third DUI in Kansas.
Jail time. A third offense DUI normally results in 90 days to 12 months of imprisonment. If the judge grants probation, the convicted motorist must serve at least 90 days in jail before being released on probation. However, judges typically have discretion to order house arrest or work release after 48 hours of jail time has been served.
Felony. If the convicted motorist has a prior DUI conviction within the last 10 years, a third offense DUI conviction shall be considered a nonperson felony. The penalties shall be the same, but the person will be a convicted felon, subject to special rules and restrictions.
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 third DUI also faces fines between $1,750 and $2,500, 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 third-offense DUIs, the Department will suspend the driver’s license for one year. After license reinstatement, the motorist is restricted for two years 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 three-year IID restriction. And drivers who refuse to consent to a breath, blood, or urine test are looking at a one-year suspension and four-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.