DUI 101: Potential Penalties

Driving Under the Influence of Alcohol or Drugs: DUI 101

Any DUI charge carries serious consequences. You should never plead guilty or no contest to a DUI charge without first understanding the consequences, evidence, and your options. You have rights including the right to an attorney.

In Kansas, a DUI charge alleges either:

  • Your Blood Alcohol Concentration was .08% or greater within two hours of operating or attempting to operate a vehicle; or
  • You operated or attempted to operate a vehicle while under the influence of alcohol, drugs, or any combination of alcohol and drugs to a degree that rendered you incapable of safely doing so.

You can be charged for DUI for certain prescription and over the counter medications. It is important to read and follow all warning labels and any information provided by your pharmacist.

Criminal Penalties

In Kansas, DUI penalties depend on your driving records, criminal history, and prior DUI related driving convictions or diversions. The criminal consequences of a conviction can include imprisonment, fine, post release supervision, and a drug and alcohol evaluation. Depending on the case, house arrest, work release, or alternative forms of imprisonment may be an option. Below are the guidelines the court must follow. The facts of your case determine when the court might impose a more severe punishment or fine. If you are driving with a child under the age of 14 in your vehicle when you commit a DUI, your punishment will be extended by one additional month of imprisonment.

Kansas DUI Criminal Guidelines 2018

1st DUI:
Class B Misd.
2nd DUI:
Class A Misd.
3rd DUI not within 10 yrs.:
Class A Misd.
3rd DUI
10 yrs.:
Non-Person Felony
4th/Subsequent DUI:
Non-Person Felony
Imprisonment 48 hr. min.

6 mo. max.

5 days min. 1 yr. max. 90 days min. 1 yr. max 90 days min.

1 yr. max.

90 days min.

1 yr. max.

Fine $750 min. $1,000 max. $1,250 min. $1,750 max. $1,250 min.

$2,500 max.

$1,750 min.

$2,500 max.

$2,500 min.

$2,500 max.

Mandatory Alcohol &Drug


Yes Yes No No No

Post Release Supervision

No No Yes Yes Yes

Why is a DUI Defense Attorney Essential?

DUI laws are complicated and difficult to navigate on your own. A DUI good defense attorney will know how to navigate the laws, court systems, and administrative proceedings. DUI defense requires knowledge of the Kansas Rules of Evidence and Criminal Procedure. There are a number of ways our firm can defend a client.

  • The stop, search, and seizure must be constructional or it will be contested;
  • The evidence must be legally obtained or a motion to suppress will be filed;
  • Any officer conditioning any test must be trained, experienced, and correctly administer the test or the results will be challenged;
  • All witness will be tested for credibility and reliability;
  • The evidence must be correctly preserved or it will be objected to; and
  • Any plea offer must be fair and reasonable or I will advise against it.

Our attorneys diligently review all details of each case, collect all evidence, and develop the best possible defense that may lead to a dismissal, a reduced charge, not guilty verdict, or a diversion. A DUI is a life-changing event and hiring the right attorney can make all the difference in the outcome of your case. If you need representation in a DUI case, please call Cameron & Herrman, P.A. at (316) 265-0650.

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