DUI Penalties in Kansas

Conviction for a first DUI

A first DUI is a misdemeanor. You must serve not less than 48 consecutive hours in jail or, if the judge agrees, preform 100 hours of public service. Your jail sentence may be no longer than six months. You will be fined between $500 and $1,000. You will be required to complete an alcohol and drug education program or a treatment program.

Conviction for a second DUI

A second DUI is also a misdemeanor. Per statute, the minimum jail sentence is 90 days. Your attorney may be able to arrange for you to serve only 2 days in jail, followed by 3 or more days of house arrest. Your jail sentence may be no longer than 1 year. You will be fined between $1,000 and $1,500. You will be required to complete an alcohol and drug abuse treatment program.

Conviction for a third DUI

A third DUI is a felony. The minimum sentence is 90 days in jail. Your attorney may be able to arrange for you to serve only 2 days in jail, followed by 88 days of house arrest. If house arrest is not allowed, your attorney may able to arrange for you to participate in a work-release program after you serve 2 consecutive days in jail. Your jail sentence may be no longer than 1 year. You will be fined between $2,500 and $1,500. You will be required to complete an alcohol and drug abuse treatment program.

Conviction for a fourth or subsequent DUI

A fourth DUI is a felony. The minimum sentence is 90 days in jail. Your attorney may able to arrange for you to participate in a work-release program after you serve 3 consecutive days in jail. Your jail sentence may be no longer than 1 year. You will be fined $2,500. After you complete your sentence, you will be placed on parole for one year, under the supervision of the Department of Corrections, and will be required to complete an alcohol and drug abuse treatment program.

Ignition Interlock or Impoundment of your car

For a first DUI conviction, a judge MAY order that each vehicle you own or lease be impounded or immobilized for a period not to exceed one year and that you pay all towing, impoundment and storage fees or other immobilization costs. Upon conviction for a second or subsequent DUI conviction, a judge MUST order that each vehicle you own or lease either be equipped with an ignition interlock device or be impounded or immobilized for a period of two years and that you pay all towing, impoundment and storage fees or other immobilization costs.

Before ordering the impoundment or immobilization of a vehicle, the court must consider (A) Whether the impoundment or immobilization of the motor vehicle would result in the loss of employment by the convicted person or a member of such person's family; and (B) whether the ability of the convicted person or a member of such person's family to attend school or obtain medical care would be impaired.

If you have a child under 14 in the car

If you had a child under the age of 14 years in your car, your jail sentence will be increased by 30 days. Your attorney may be able to arrange for this additional 30 days to be served on house arrest or in a work-release program.

Guilty pleas to lesser offenses

In the past, prosecutors were known to agree to let a person charged with DUI to plead guilty to a lesser offense, such as reckless driving. This is now prohibited by statute. Prosecutors are now prohibited from negotiating plea bargains for the purpose of avoiding the mandatory minimum DUI penalties. Likewise, judges are prohibited from accepting such plea agreements.

Alternatives to jail

In some Kansas counties, the minimum jail sentence may be served by participating in 48-hour program at a semi-secure facility that includes drug and alcohol education and counseling. The person allowed to participation in these alternative programs must pay the fee for attending.