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DUI (Driving Under the Influence) in Kansas

getting dui in kansas

DUI (Driving Under the Influence) means operating a car or any other automobile under the influence of alcohol or other types of drugs, rendering you unable to operate the vehicle safely. Different states have their DUI laws, which vary slightly from one to another. Kansas is one state known for its strict DUI laws. We are going to answer different questions regarding Kansas DUI laws that will help you understand them better.

What happens when you get a DUI in Kansas?

Two things will happen, you will get a criminal charge and have your driver’s license suspended. These two things can have a serious negative effect on your driving record for the rest of your life.”

After your first DUI conviction in Kansas, you can get…

  • 48 hours prison sentence or 100 hours of community service
  • Fines of range $500 to $1000
  • An alcohol or substance safety treatment program ordered by the court, court costs, other fees
  • Your license will be suspended for 30 days

For a second subsequent offense, you may be sentenced to 90 days in prison together with hefty fines, a longer driver’s license suspension, and probation.

Is a DUI a felony in Kansas?

Under the state laws, a driver will be charged with DUI when their blood alcohol content (BAC) is 0.08% or more. The first or second DUI charges are treated as a misdemeanor, while the third and fourth DUI cases are treated as felonies.

How long does a DUI stay on your record in Kansas?

A DUI record may stay forever in your record in Kansas. However, after completing your probation after at least five years, your first-time conviction can be removed at the judge’s discretion. A second conviction can be removed from your criminal record after 10 years. The same information can still show up in different government records.

Can you get a diversion for DUI in Kansas?

Diversion is a situation where one admits they are guilty of DUI and agree to be monitored for a whole year as they fulfill certain conditions. You are likely to get a diversion for DUI in Kansas if it is the first offense.

Is it worth getting a lawyer for First DUI?

Hiring an attorney for your first DUI offense is not worth it because most prosecutors give a standard plea offer to first-time offenders. This means your charge will be reduced to a lesser offense if it is your first time, so there is no need to spend more money on a lawyer.

How do you get a DUI expunged in Kansas?

Individuals can lodge a petition to have their DUI expunged, provided that they have completed ten years since the completion of their sentence, diversion, or probation. The DUI should also have occurred on or after 1st July 1993.

Can you refuse a breathalyzer in Kansas?

Refusal to take a breathalyzer test is a criminal offense in Kansas. As per the state’s implied consent law, you automatically agree to submit blood or breath tests once you get a driving license. Refusal to take such a test amounts to a positive, and you can face a six-month jail term, fines of up to $1000, or have your driver’s license suspended.

Is DUI a criminal proceeding?

With minimal exceptions, DUI is usually considered a criminal offense. It will always come up in your criminal records either as a misdemeanor or felony.

Which are the two main kinds of diversion programs?

The two main kinds of diversion programs are informal and formal. Informal programs serve to divert individuals out of the system with little or no other action. Formal programs usually involve a justice system (court process, probation, supervision) and a service component.

What happens if you violate diversion in Kansas?

You can receive a criminal conviction or face long jail or prison term.

Can you get diversion twice in Kansas?

In Kansans, the prosecutor usually determines the requirements of a diversion. However, a previous diversion, especially a more recent one, can block you from getting a second diversion.

How do I get a speeding ticket diversion in Kansas?

You may only be eligible for a speeding ticket diversion in Kansas if the ticket is not more than 25 miles per hour over the posted limit. It should not be more than 15 miles per hour over the posted limit for those caught speeding near schools or construction zones.

How do I get off diversion early?

You can apply for a quick release once you meet specific regulations like serving a third of your diversion program, completing your community service, and any other mandate required by the court. You should also not commit any crime during your diversion. The judge can deny or accept your application.

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