This is for informational purposes only and should not be construed as legal advice or as creating an attorney-client relationship with the reader. You should consult an attorney for advice regarding your individual situation.
1) If you are arrested for DUI, you have 14 calendar days to take action, at which time, your license is suspended and the consequences begin. You are entitled to an administrative hearing before your license is suspended, but only if you request one within the 14 day deadline. This is an absolute deadline.
2) A charge of DUI in Kansas, initiates 2 separate cases: an administrative case (in which your driving privileges can be affected) and a criminal case (in which you face a potential criminal conviction and penalties).
3) In Kansas, a DUI never, ever disappears from your record and will be used against you if you ever get another DUI during your lifetime.
4) Some may tell you that you should just plead guilty and get it over with, others will urge you to apply for a diversion. Even experienced lawyers may disagree on how you should proceed. Just know that a charge of DUI can have a severe impact on your driving record and on your life. Every DUI case is complex, different and depends on the details of your particular arrest. If you choose to hire an attorney to represent you, you should do so as soon as you possibly can after your arrest, so he can gather evidence, issue subpoenas and explore your options to the fullest extent possible.
Criminal Penalties:
1) In Kansas, a first conviction for DUI is a Class B misdemeanor which carries:
a) 2 days - 6 months in jail (for the criminal case), and
b) $500 - $1000 fine (for the criminal case), and
c) 30 days suspension to one year suspension of driver's license plus diversion (which may entail diversion fees, court costs, good behavior, community service, an alcohol evaluation, etc.), your charges may be dismissed, but the diversion will stay on your driving record forever, and if you ever get another DUI, it will be charged as a second offense, even though the prosecution dismissed your first offense.
d) completion of an alcohol and drug evaluation and completion of whatever treatment is recommended by the evaluator.
e) You may receive probation, but you will still have to do the 2 days in jail or 100 hours of community service, pay the fine and complete the evaluation process. Your driver's license will still be restricted for 330 days, even after your suspension is over with.
2) If you are offered and approved for a diversion (which may entail diversion fees, court costs, good behavior, community service, an alcohol evaluation, etc.), your charges may be dismissed, but the diversion will stay on your driving record forever, and if you ever get another DUI, it will be charged as a second offense, even though the prosecution dismissed your first offense.
3) In Kansas, a second conviction for DUI is a class A misdemeanor which carries:
a) 90 days to one year in jail, and
b) completion of a substance abuse program, and
c) $1000 - $1500 fine
d) one year suspension of driver's license plus additional restrictions after reinstatement.
e) You may receive probation but still would have to do 5 days in jail, 3 of which may be house arrest. If you receive probation you would still have to complete a treatment program, pay the fine, and your driver's license would be given an interlock restriction even after your suspension period ends.
4) In Kansas, a third conviction for DUI is a felony, and the penalties increase dramatically, as they do with each additional DUI. An attorney can help you determine if your charge has been filed as a felony, and what options are available.
5) Other consequences for a DUI conviction include: Loss of, or increased premiums for auto insurance, inability to rent a car, adverse decisions for school admissions or scholarship maintenance, loss of employment, and many miscellaneous expenses such as: driver's license reinstatement fees, probation fees, urinalysis fees, court costs, diversion fees, cost of evaluations and treatment.
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