D.U.I. Penalties

The court will look at how many times you have ben placed on D.U.I. diversion or how many D.U.I. convictions you have over your lifetime. A prior diversion counts as a prior conviction for sentencing purposes.

Failure to Sumbit to a Breath Test

Failure to submit means that you either refused to take a breath test or you refuse to give the officer an answer when asked if you will submit to the test.

Administrative Penalties:

• First Offense: driver's license suspension for one year
• Second Offense: driver's license suspension for two years
• Third Offense: driver's license suspension for three years
• Fourth Offense: driver's license suspension for 10 (ten) years
• Fifth and Subsequent Offenses: driver's license revocation

Driving Under the Influence Penalties

First Conviction (Class B non-person misdemeanor):

• 48 hours up to 6 months jail time and/or 100 hours of community service
• $500 - $1,000 fine
• Must complete an ADSAP (alcohol/drug education program) treatment program at your expense
• Your driver's license is suspended for 30 days, followed by restrictions for 330 days
  • NO hardship exemptions are allowed
  • If your blood alcohol level (BAC) is .15% or higher, or if you refuse to test, your driver's license is suspended for one (1) year, and restricted for an additional year with the use of an ignition interlock device

Second Conviction (Class A non-person misdemeanor):

• 90 days to one year jail time (must serve 5 days)
  • You may be placed under house arrest
• $1,000 - $1,500 in fines 
• If the sentence is less than 90 days, you must complete the ADSAP program
• Your driver's license is suspended for two (2) years, followed by an one (1) year restriction of an ignition interlock device

Third Conviction (Level 9 non-person felony)

• 90 days to 1 year jail time
  • Must serve 90 days, work-release can be considered after 48 hours
• $1,500 - $2,500 in fines 
• Enter into and complete alcohol/drug treatment (at the court's discretion)
• Your driver's license is suspended for three (3) years followed by an one (1) year restricton of an ignition interlock device, at your expense. As of 2007, all vehicles owned or leased by the driver must be equipped with the ignition interlock device
• Habitual violator status may be invoked which results in your license being revoked for three (3) years. This includes any prior diversion agreements.

Fourth and Subsequent Convictions

• 90 days to 1 year jail time
  • Placed on probation after 72 hours in jail, then released to the Secretary of Corrections
• ADSAP treatment program paid at your expense
  • After serving time and completion of the treatment program, you are placed on one (1) year of supervised probation
  • This time may NOT be reduced
• Any violations of probation will rovoke the supervised probation; i.e. you will have to serve the rest of your sentence in jail
• Participation in an aftercare plan during the parole period
• $2,500 fine
• Your driver's license is suspended for four (4) years followed by an one (1) year restriction of an ignition interlock device
• Habitual Violator status may be invoked resulting in the revocation of your license for three (3) years
  • A fifth conviction results in the permanent revocation of your license
  • The state may revoke your auto registration for one (1) year

State law prohibits plea-bargaining to reduce manatory penalties in D.U.I. cases. This is the only Kansas crime that may not be plea-bargained to reduce penalties. Diversion is not considered a plea bargain.

If there is a child under the age of fourteen (14) in the vehicle when you are stopped for D.U.I., the sentence is increased by 1 month, served consecutively.

The court may order all of your vehicles impounded or immobilzed for up to one year. You will have to pay all the towing, impound, storage, or other immobilization fees.

Fines can be reduced by five dollars for every completed hour of community service performed.

Other costs to consider:

• permanent DUI or DUI diversion agreement listed on your driving record
• court costs, probation costs, or any other court-related fees
• purchase of any videos used by the law enforcement agency
• transportation costs to and from either the ADSAP program and/or treatment programs
• house arrest
• much higher auto insurance rates
  • Insurance premiums cannot be increased based on first offense diversion agreements
• possible loss of your job
• possible denial of jobs 
• attorney fees
• lease and installation of the ignition interlock device

Commercial Drivers

The BAC level for a commercial drivers license (CDL) is .04%. If you are convicted for a D.U.I. or your license is suspended for test refusal or failure, your license is suspended for one (1) year. A second offense results in the lifetime loss of your CDL. This is true even if you are stopped in your personal vehicle and are not working at the time.

CDL drivers are not eligible for diversion.

Diversion

Diversion is an agreement between the court and you that stipulates certain conditions in lieu of traditional sentencing. If you violate any part of your diversion agreement, it is considered null, and you will be subject to regular punishment.

You may enter into only one diversion agreement for a D.U.I., no matter which court you entered into a diversion agreement with. Believe me: you will be found out if try to enter into diversion agreements in other counties. Judges do not like people who do this!

If all of the following apply to your case, you may be candidate for diversion, at the discretion of the prosecutor:

• There was no accident or injury caused to others
• You have never been convicted of a D.U.I.
• You have never entered into a diversion agreement for a D.U.I.

Diversion Costs for Wichita Municipal Court:

• Fine........................................... $500.00
• Evaluation Fee............................. $150.00
• Diversion Fee............................... $150.00
• Wichita Intervention Program Fee.... $250.00
• Application Fee............................ $  25.00
• Court Costs................................. $  66.00                           
                                    TOTAL:    $1,114.00

Expungments

As of 2006, D.U.I. arrests, diversions or convictions cannot be expunged. Once you have entered into a diversion agreement or have been convicted of a D.U.I., it cannot and will not be removed from your record.

Minors

It is illegal for a person under the age of 21 to possess, consume, obtain, purchase, attempt to purchase an alcoholic beverage or cereal malt beverage (3.2% beer).

• It is a Class C, non-person misdemeanor if you are 18 but less than 21 years of age
• $200 - $500 fine
• Possible one month jail sentence
• Complete 40 hours of community service or ADSAP program
• If you are under 18
  • $200 - $500 fine
  • Complete 40 hours of community service or ADSAP program.

Transporting an Open Container of Alcohol or Beer

Possession of an open container of cereal malt beverage (3.2% beer) or alcohol by the driver OR the passenger is prohibited by state law.

Transporting an open container is a misdemeanor, carrying a maximum $200 fine and/or maximum six (6) month jail time.

A second or subsequent violation may result in the suspension of your driver's license.

Minors and Drunk Driving

Kansas has a zero tolerance policy on those under age 21 who are driving under the influence.

• Over the limit is determined at .02%
• Your driver's license is suspended for one (1) year
• If your B.A.C. is .02 or over but less than .08, insurance companies cannot consider this a first offense into your insurance rates
• You can be prosecuted for a tradtional D.U.I., and have your driver's license suspended for failing or refusing a breath test