Driving Under the Influence in Kansas
Driving Under the Influence (DUI) charges carry significant legal and personal consequences. Beyond a first-time offense, the severity of penalties escalates, and the reach of a DUI conviction can extend into various aspects of your life. This article aims to clarify some common questions and facets of DUI charges in Kansas.
When is a DUI a Felony?
In the State of Kansas, a DUI offense typically becomes a felony when it is your third charge. A third DUI offense is treated with increased severity in the DUI court process, with the following potential punishments:
- Imprisonment: Mandatory ninety days up to one year in jail.
- Fines: Fines range from $1,500 – $2,500
- Additional Costs: You will be responsible for court costs, an evaluation fee, and probation fees.
- Treatment Program: You must complete a court-ordered alcohol or drug treatment program at your own expense.
- Driving Privileges Suspension: Your driving privileges will be suspended for 12 months.
- Ignition Interlock Device: Restricted driving privileges will require the installation of an ignition interlock device for 12 months, managed through the Department of Motor Vehicles (DMV).
- Vehicle Impoundment: Your vehicle may be impounded for up to one year.
Can You Get a DUI for Drugs?
Yes, absolutely. In Kansas, a person can be arrested for a DUI if they are operating any vehicle while under the influence of any drug that renders them incapable of driving safely. This also applies if they are under the influence of any combination of drugs or alcohol and drugs, or if the person is known to be a habitual narcotic user.
The penalties for drug-related DUI arrests mirror those for alcohol-related DUIs and are handed down through the DUI court process as follows:
- First Offense: Between 48 consecutive hours and six months jail time, 100 hours of community service, and a minimum fine of $500 and up to $1,000.
- Second Offense: Between 90 days and 12 months jail time, and a fine of $1,000 minimum up to $1,500.
- Third Offense (Non-person Felony): A mandatory 90 days minimum up to 12 months imprisonment, a fine of $2,500, and no probation upon release.
Which is Worse – DUI or DWI?
In the State of Kansas, there is minimal practical difference between a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated). The consequences and penalties issued through the DUI court process are essentially the same for both classifications.
Will a DUI Fail a Background Check?
Yes, a DUI charge will appear on your NCIC (National Crime Information Center) record, even if you were acquitted or the case was dismissed. However, this particular background check is not accessible to everyone, making it rare for such a record to be presented in all standard background checks.
How Does a DUI Affect Your Life?
A DUI charge can have a profound and lasting impact on various aspects of your life:
- Employment: As of September 1, 2021, if an employer’s policy states that employees cannot commit such offenses, a company can fine an employee charged with a DUI. Beyond fines, a DUI charge can lead to job loss.
- Financial Struggles: Job loss often precipitates financial difficulties, putting significant pressure on a household.
- Insurance Costs: Your automotive insurance premiums will almost certainly increase.
- Personal Life: A DUI leaves you with a permanent criminal record and can create a stigma, potentially altering how family, friends, neighbors, and others view you.
Are DUI Checkpoints Legal?
Yes, in Kansas, DUI checkpoints are legal. They are considered temporary roadblocks established by law enforcement to evaluate drivers for intoxication. The primary goal of sobriety checkpoints is to deter drunk driving and reduce the incidence of drunk driving offenses.
If you find yourself facing a DUI charge and require assistance with bail for a DUI or Drug Charge please call Owens Bonding at 866-830-2663 or Find an Agent Near You.