DUI Sentencing

DUI Sentencing

Kansas DUI Attorney

Being arrested and convicted for driving under the influence (DUI) can lead to harsh and devastating penalties, especially when there are previous convictions from your past or an accident was involved. When a person receives a guilty verdict, it is typically based on the results of chemical tests, field sobriety tests and evidence exhibited by prosecutors during their trial. There are many strong defenses that can be employed to refute anything brought against you, but typically it takes a highly skilled lawyer to successfully do this.

If you or someone you know has recently been arrested for a first time DUI, second DUI, felony DUI, or a DUI involving accidents, injuries or fatalities, it is imperative that you talk with a competent Kansas DUI lawyer about your situation. You will need to take immediate action to defend and protect your rights and the legal team of Martin & Wallentine is prepared to provide you with the high level of advocacy and guidance you need in and out of court.

Guidelines to Sentencing in Our State

Following are the basic sentences for various DUI offenses:

First DUI Conviction:

  • No less than 48 hours, but up to 6 months in jail or 100 hours of community service
  • $750 - $1000 fine
  • 30 day suspension of your driver's license, followed by 330 days of restricted driving privileges or an ignition interlock device installed at your expense. The suspension will be for one year if your blood or breath test resulted in a BAC of .15 or over.
  • Possible vehicle impoundment for up to 1 year
  • Mandatory alcohol assessment and possible treatment

Second DUI Conviction:

  • 90 days to 1 year in jail
  • $1250 - $1750 fine
  • 1 year suspension of your driver's license, followed by court ordered ignition interlock device installed at your expense. This could be longer, depending on whether KDOR sees your other DUI.
  • Possible vehicle impoundment for up to 1 year
  • Mandatory alcohol assessment and treatment

Third DUI Conviction:

  • 90 days to 1 year in jail
  • $1750 - $2500 fine
  • 1 year suspension of driver's license, followed by court ordered ignition interlock requirement after suspension period. This could be longer, depending on whether KDOR sees your other DUIS.
  • Possible vehicle impoundment for up to 1 year
  • Mandatory alcohol assessment and treatment
  • Felony offense

Fourth & Subsequent DUI Convictions:

  • Minimum of 90 days to 1 year in jail
  • $2500 fine
  • Post-release Supervision for 1 year by Kansas Department of Corrections
  • 1 year suspension of your driver's license, followed by court ordered ignition interlock requirement after suspension period. This could be longer, depending on whether KDOR sees your other DUIS.
  • Possible vehicle impoundment for up to 1 year
  • Mandatory alcohol assessment and treatment
  • Felony offense

Community Service

While Kansas Statute 8-1567 does allow for community service in lieu of the fine, many courts simply do not have a mechanism set up to accomodate this. Furthermore, you are only credited $5 per hour worked.

If you are facing charges for DUI, contact a Kansas DUI lawyer now to discuss your legal options and find out what can be done to build your defense. We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.