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THIS IS A SUMMARY OF KANSAS DUI LAW. IT DOES NOT NOR IS IT INTENDED TO PROVIDE INFORMATION RELEVANT TO OTHER JURISDICTIONS, NOR DOES IT PURPORT TO CONTAIN ALL PROVISIONS CONTAINED IN THE RELEVANT KANSAS STATUTES AND CASE LAW.

As of July 1, 2007, the Kansas legislature "reformed" Kansas DUI law. Kansas DUI law is now among the strictest and least forgiving of any jurisdiction in the United States. Following is a brief summary of Kansas law and how it will affect those who drive under the influence of alcohol or drugs.

UNLIMITED LOOKBACK

Perhaps the most disturbing aspect of the 2001 changes deals with the statute's lookback provision. Prior to July 1, 2001, the charging authority considered the defendant's DUI record for the previous five years when determining whether a current DUI charge would be classified as a Class A or B misdemeanor, or a Non-Person felony. There is now no time limit. Hence, a defendant who was convicted of a DUI 30 years prior to a current charge will have the older charge held against him today. Moreover, as with the previous legislation, the charging party must also consider a DUI diversion a conviction for charging classification purposes, regardless of when the diversion occurred. Bottom line: each and every DUI case is critical and a defendant should take every precaution to ensure that a "bad" case does not go on his permanent record.

JAIL TIME

One who is convicted of driving under the influence will spend time in confinement. Whether the case is a first, second, third or fourth DUI will determine how long and in what form that confinement occurs. Moreover, a defendant's attitude as relates to his willingness to admit the existence of an alcohol or chemical dependency problem will play a huge role in determining whether a Court will find the statutory minimums appropriate (i.e., whether a defendant serves 48 hours in jail or up to one year, depending on the classification).

Following are the statutory minimums for BAC at or below .08, as well as DUI refusals, thought a judge can impose jail time in excess of these periods of time:

Class B misdemeanor (first time DUI): 48 hours jail;

Class A misdemeanor (second time DUI): 5 days incarceration total, 48 hours consecutive;

Non-Person felony (third time DUI): 90 days incarceration total, a minimum of 48 hours consecutive in county jail with the balance in work release or house arrest if the court deems it appropriate;

Non-Person felony (fourth or more DUI): 90 days incarceration, a minimum of 72 hours consecutive in county jail with the balance in work release if the court deems it appropriate.

Again, these are the minimums. If the court finds that the facts and circumstances of a particular case justify more than the minimums, a defendant could serve up to 6 months for a Class B, or 1 year for all remaining classifications.

Prior to 2007, a third or more lifetime DUI could not be prosecuted in a municipal court. Beginning July 1, 2007, and retroactive to July 1, 2006, municipal courts now have concurrent jurisdiction for such cases, although any third or more lifetime DUI cannot be prosecuted as a felony by municipal courts.

FINES*

Class B misdemeanor: $500.00

Class A misdemeanor: $1,000.00

First felony (third total DUI): $1,500.00

Second or more felony (fourth or more DUI): $2,500.00

* A defendant will also be subject to court costs and additional fees for the Alcohol & Drug Safety Action Program (ADSAP) and other programs the Court deems appropriate, such as a DUI Victims' Panel. Moreover, if defense counsel is appointed or a public defender assigned, the Court will probably assess fees sufficient to cover the costs of such representation.

DRIVERS LICENSE SUSPENSION AND/OR RESTRICTION

Kansas law provides for drivers license (D.L.) suspension and restrictions depending on whether a suspect submits to a breath or blood test, fails a breath or blood test or refuses a breath or blood test. As with the above-listed penalties, the length of suspension and period of restriction varies depending on a defendant's prior behavior. NOTE COLUMN 4, GREATER THAN .15 BAC, WHICH TOOK EFFECT JULY 1, 2007.

ADDITIONAL PROVISIONS

MINOR UNDER 14 YEARS OF AGE IN VEHICLE. The most notable additional provision is the additional penalty if a defendant had a minor 14 years of age or younger in the vehicle at the time of the violation. The Court must assess an additional 30 days incarceration per child, depending on how many child endangerment charges the defendant is adjudicated guilty on committing (or pleads guilty to). The Court has the discretion to order the defendant to serve this portion of confinement in jail, work release or house arrest.

MINOR WITH BAC OF .02 OR MORE BUT LESS THAN .08. Although a failing breath or blood alcohol test for the above penalties is .08 or more, minors (those under age 21 years) are subject to a more stringent standard. Minors who test under .08 but over .02 can be cited for violating K.S.A. 8-1567a, a Class C misdemeanor, which carries fines of up to $500.00 and jail time of up to 30 days. Although Kansas courts do not normally place those convicted of Class C misdemeanors on probation subject to treatment and other requirements (such as drug and alcohol counseling, AA/NA meetings, etc.), the nature of a DUI will likely compel a Court to impose such requirements on a violator of K.S.A. 8-1567a.

2007 REVISION OF MOPED DRIVERS LICENSE ELIGIBILITY. Beginning July 1, 2007, a person can no longer obtain a moped drivers license if a violation of K.S.A. 8-1567 or 8-1567a causes the suspension of driving privileges. This appears to mean that if you are suspended administratively or before an actual criminal conviction for a DUI occurs, you cannot obtain a moped license.

The above summary is merely a summary of the most notable aspects of Kansas DUI Law provision. If you have specific questions about Kansas DUI law as applied to your specific case, or need legal representation for defending against a DUI charge, call Kevin at 1-866-4-ACE LAW, or e-mail him at kmsmith@acelaw.net.