Kansas Drunk Driving Laws

Traffic and criminal laws are different in every state. At the Burmaster Law Firm we represent drivers charged with DUI in Kansas and Missouri. Our Kansas City DUI attorney handles criminal charges and administrative license suspension hearings.

This section provides a quick overview of Kansas drunk driving laws. It covers deadlines, basic penalties, options to resolve DUIs, and insurance issues. DUI law is constantly changing and this Web site cannot replace competent legal counsel.

To learn about your rights and legal options after Kansas DUI arrest, please contact our Kansas drunk driving defense attorney, Paul Burmaster.
 

Remember: Every DUI case involves two completely separate legal matters: the DUI criminal charge and the administrative drivers license suspension question.

Deadlines
You must request a drivers license hearing in Kansas within 10 days (excluding Saturdays, Sundays, and legal holidays) or you will be automatically suspended from driving. If you receive notice by mail, you may have 13 days. Regardless, request a hearing immediately. We recommend that you send it by certified mail with a return receipt required. Or contact our Overland Park law office. We will meet with you and fax your request for free.  The laws have changed significantly since July 1st, 2007 and the length of a possible suspension (or ignition interlock requirement) varies depending on a number of factors.  Please review the back of the DC-27 (pink form) and contact us immediately to see if we can help.

Penalties
Kansas drunk driving laws provide minimum penalties for any DUI conviction:

• 1st Offense
  For a first offense, a defendant is subject to a minimum of two days in jail, a $500 fine, one year of probation, and a suspension of driving privileges (resulting in increased insurance costs).
• 2nd Offense
  For a second offense a defendant is subject to a minimum of five days in jail, a $1000 fine, one year of probation, and a suspension of driving privileges (resulting in increased insurance costs).
• 3rd Offense
  A third offense is a felony. A felony carries a minimum of 90 days in jail, increased fines, probation, and a suspension of driving privileges (resulting in increased insurance costs).
• 4th Offense
  A fourth or subsequent offense is also a felony. This felony carries with it a suspension of driving privileges, a minimum of 90 days in jail and then referral to the Secretary of Corrections for placement in a treatment program. This felony also carries with it one year of postrelease supervision which cannot be reduced and which includes mandatory after-care treatment.
• 5th Offense or More
  A fifth or subsequent offense includes all of the above penalties, plus a possible lifetime drivers license suspension.

Insurance
A DUI conviction, or administrative suspension, will usually double or triple a driver's insurance rates. This can cause an increase of $5,000 to $10,000 over a three- to five-year period. This may be the worst consequence.

CAN I AMEND OR REDUCE MY DUI?
No. Under Kansas law, a DUI cannot be amended to a lesser charge. Therefore, you must find some other option to resolve the charge.

Legal Options in Kansas
There are three options for resolving a DUI in Kansas: a plea bargain, a trial, or diversion.

• Plea Bargain
  In Kansas, a DUI cannot be amended (reduced) to another charge. Because of this, plea bargaining is not much of an option. The prosecution will usually ask the driver to plead to the DUI and will agree to recommend the minimum fines and jail time. The state may also agree to dismiss any related tickets (i.e. speeding or weaving).
• Trial
  DUI trials are much like the trials you see on television or in the movies. The prosecution will put on its case, and the defense will try to poke holes in it to show reasonable doubt. If the driver is acquitted (found not guilty), then he will suffer no penalty. If he is convicted (found guilty), then the prosecution is free to ask for more than the minimum sentence.
• Diversion
  Diversion is a contract between the prosecution and the defendant. It is very similar to probation with the exception that if the defendant completes the contract then the matter is dismissed. On the other hand, if the defendant fails to complete the contract he or she will be found guilty on stipulated facts. In other words, fulfilling the contract means all or nothing.

Other Important Issues
Insurance
A DUI conviction can double or triple your insurance rates and so can a license suspension. It is important to try to beat both or you may pay an extra $5,000 to $10,000 for insurance.

Do I Need an Attorney?
Yes. Imagine playing a game where the stakes are high (jail) and you do not know the rules. Yes, you need a lawyer.

How Much Does an Attorney Cost?
Each case is different. There are a number of factors to consider. But, we will be happy to meet and talk with you for free in an initial consultation.

DUI or DWI?
There is no difference in Kansas between a DUI and a DWI.
Have you been charged with violation of Kansas drunk driving laws? Call or e-mail our Overland Park law firm to arrange a free initial consultation. Contact our Kansas City DUI attorney, Paul Burmaster.