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.

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 5 days in jail and serve the remaining 85 days on "parole." The last 3 days of a 5 day jail sentence may be served on work-release. Your attorney may also be able to arrange for you to serve only 2 days in jail, followed by 10 days of house arrest, and serve the remaining 78 days on "parole." Your jail sentence may be no longer than 1 year. You will be fined between $1,000 and $1,500. You will also be required to enter into and complete a treatment program for alcohol and drug abuse.

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 enter into and complete a treatment program for alcohol and drug abuse.

**Beginning July 1, 2011, the penalty will increase. House arres will no longer be available, and you can participate in a work-release program after you serve 3 consecutive days in jail. You will be fined $2,500.

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 enter into and complete a treatment program for alcohol and drug abuse.

**Beginning July 1, 2011, the penalty will increase. The minimum sentence will be 180 days in jail. You may participate in a work release program only after you have served 6 days in jail.

Ignition Interlock or Impoundment of your car

Upon conviction for a second or subsequent DUI conviction, a judge must order that each motor vehicle that you own or lease either be equipped with an ignition interlock device or be impounded or immobilized for a period of two years. You will be required to pay all costs associated with the installation, maintenance and removal of the ignition interlock device and all towing, impoundment and storage fees or other immobilization costs.

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.