DUI Penalties in Kansas

Beginning July 1, 2011, for purposes of determining whether a person is charged with a first, second, third or fourth and subsequent DUI, only convictions after July 1, 2001 will be considered. Note that a diversion is considered a conviction for this purpose.

Conviction for a first DUI

A first DUI is a class B misdemeanor. You must serve not less than 48 consecutive hours in jail or, if the judge agrees, perform 100 hours of public service. Your jail sentence may be no longer than six months. You will be fined between $750 and $1,000. You will be required to complete an alcohol class.

Conviction for a second DUI

A second DUI is class A misdemeanor. Per statute, the minimum jail sentence is 90 days. Your attorney may also be able to arrange for you to serve only 2 days in jail, followed by 120 hours (5 days) of house arrest, and serve the remaining days on “parole.” Your jail sentence may be no longer than1 year. You will be fined between $1,250 and $1,750. You will also be required to enter into and complete a treatment program for alcohol and drug abuse.

Conviction for a third DUI

If you have not had a DUI conviction in the preceding 10 years, a 3rd DUI is considered a Class A misdemeanor. The sentence is identical to that for a second DUI except that if you are granted house arrest, you must serve a minimum of 240 hours (10 days) of confinement within the boundaries of your own home.

A third DUI is a felony if you have a prior conviction which occured within the preceding 10 years. 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 placed on house arrest you must serve a minimum of 240 hours (10 days) within the confines of the home. 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 $1,750 and $2,500. You will be required to enter into and complete a treatment program for alcohol and drug abuse.

Conviction for a fourth or subsequent DUI

A fourth or subsequent 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. You may also be placed on house arrest after serving 3 consecutive days in jail. If placed on house arrest, you must serve a minimum of 240 hours (10 days) within the boundaries of your home. Any exceptions to leaving the house will not count towards the 240 hours. 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 enter into and complete a treatment program for alcohol and drug abuse.

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.