IS A THIRD DUI A FELONY IN KANSAS?
A Third DUI in Kansas is a Class A Nonperson Misdemeanor if both of your prior DUI charges took place at least ten years before the current DUI charge occurred.
Kansas DUI Statute K.S.A. 8-1567 (C) defines what constitutes a Third DUI Offense as a Class A Nonperson Misdemeanor and sets out the minimum jail time of ninety (90) days and a fine of not less than $1750.00:
(C) on a third conviction a class A, nonperson misdemeanor, except as provided in subsection (b)(1)(D). The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,750 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 2,160 hours of confinement. Such 2,160 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto, to serve the 90 days' imprisonment mandated by this subsection only after such person has served 48 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 2,160 hours of confinement within the boundaries of the offender's residence. Any exceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 2,160 hours;
A Third DUI in Kansas is a Nonperson Felony DUI if one or both of the Prior DUI charges occurred or were adjudicated within ten years of the current DUI charge under K.S.A. 8-1567(D).
Kansas DUI Statute K.S.A. 8-1567 (D) defines what constitutes a Third DUI Offense as a a Nonperson Felony and sets out the minimum jail time of ninety (90) days and a fine of not less than $1750.00 with a maximum fine of $2500.00.:
(D) on a third conviction a nonperson felony if the person has a prior conviction which occurred within the preceding 10 years, not including any period of incarceration. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,750 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 2,160 hours of confinement. Such 2,160 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto, to serve the 90 days' imprisonment mandated by this subsection only after such person has served 48 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 2,160 hours of confinement within the boundaries of the offender's residence. Any exceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 2,160 hours; and
A Fourth or Fifth DUI in Kansas can be charged as a Nonperson Felony DUI, with the requirement that the Prior DUI charges being counted against you occurred or were adjudicated on or after the Kansas DUI Look Back Date of July 1, 2001 under K.S.A. 8-1567(E). If the Prior DUI was adjudicated prior to the Kansas DUI Look Back Period of July 1, 2001, that DUI can not be counted against you for charging purposes regarding your current DUI charge in Kansas.
A DUI Stays on Your Record Forever and Will Always be Visible to Law Enforcement. However, Under the 'Limited Lifetime Look Back Period' in Kansas, only DUI Convictions on or after July 1, 2001 can be used against you when charging the current DUI as a First-time Misdemeanor DUI, Second-time Misdemeanor DUI or Third DUI Misdemeanor or Subsequent (Felony) DUI in Kansas.
Kansas DUI Statute K.S.A. 8-1567 (E) defines what constitutes a Fourth of Fifth DUI Offense as a Nonperson Felony and sets out the minimum jail time of ninety (90) days and a maximum of one year in jail and a fine of $2500.00:
(E) on a fourth or subsequent conviction a nonperson felony. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 2,160 hours of confinement. Such 2,160 hours of confinement shall be a period of at least 72 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto, to serve the 90 days' imprisonment mandated by this subsection only after such person has served 72 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 2,160 hours of confinement within the boundaries of the offender's residence. Any exceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 2,160 hours.
It is important to note that in Kansas not all prior 'DUI' convictions will automatically count as prior DUI Convictions for DUI charging purposes in Kansas. Out-of-State DUI Convictions can be challenged if the elements of the Out-of-State DUI were broader and not comparable to Kansas DUI Statute .
Prior Wichita Kansas Municipal DUI Convictions can be challenged because at one point Wichita Municipal Code included 'Bicycle' in it's definition of a motor vehicle and it was possible to be convicted of 'DUI' in Wichita on a Bicycle. Other Municipal convictions that are overly-broad and would not constitute a DUI under Kansas DUI Statute can be challenged .
When evaluating your Potential Third DUI Don't Assume the Worst. Talk to an Experienced DUI Lawyer .
A conviction for DUI in Kansas carries substantial penalties including mandatory minimum jail time for any level of DUI, fines and court costs, probation, classes, and a Kansas DUI Driver License Suspension.
Contact our Office Today at 913.383.3311 for a Free Initial Consultation or complete a 'Free Case Evaluation' form on our website today.
