Prior DUI Convictions Can Result in Felony Charges
A felony DUI charge often occurs if it is the driver’s, third or fourth offense. A DUI may also be prosecuted as a felony if the impaired driver is involved in an accident resulting in death or serious injures. These cases are often charged as aggravated battery and involuntary manslaughter. Conviction on a felony DUI charge requires a mandatory minimum term of custody of 90 days and may result in a term of custody of up to one year. If death or serious bodily injury is involved, the sentence can be significantly longer.
If you are charged with a felony DUI, your fine and jail sentence length are determined by whether you have previously been convicted, or placed on diversion for DUI, among other factors specific to the case. All prior DUI convictions and DUI diversions are now counted. It no longer matters where or how long ago any prior convictions occurred.
Penalties of a Third Conviction Felony DUI
A third DUI offense in your lifetime will be charged as a felony. Conviction can result in up to 12 months in prison, fines ranging from $1,500 to $2,000, and a license suspension of at least one year with another year of ignition interlock restrictions. If you refused the Intoxilyzer Test or provided a sample of breath that tested positive for alcohol at or above .15%, the term of license suspension can be significantly longer. You are now subject to vehicle immobilization in Kansas on all second and subsequent DUI convictions.
Penalties of a Fourth Conviction Felony DUI
Conviction for a fourth DUI offense can also result in one year in prison, a $2,500 fine, a one-year license suspension and one year of ignition interlock restrictions. If you refuse to take a sobriety test on a fourth offense, your license can be suspended for 10 years.
Penalties for Subsequent Offenses
A fifth conviction for DUI will result in the permanent revocation of your driving privileges. On a fourth lifetime or subsequent DUI conviction, it is possible to become eligible for a statutory work release program. This is program of custodial confinement that allows those convicted of four or more DUI offenses to work and support their families while residing at a county facility.
Felony DUI Defense That Gets Results
I am a criminal defense attorney who has a proven track record of getting good results for people who face felony DUI charges due to prior convictions or other aggravating factors. My law firm is based in Olathe, Kansas. I serve the citizens of Kansas City, Lenexa, Shawnee, Overland Park, Mission Hills, Merriam and all surrounding communities of Johnson County and Wyandotte County, as well as Jackson County, Missouri.
Call or E-Mail for More Information
If you need experienced, aggressive felony DUI defense representation, I would like to discuss your situation. Please contact me at my Kansas City office. I will fight aggressively to see that your rights are upheld if it is your third, fourth or fifth conviction. I am an experienced criminal defense attorney offering a free initial consultation. I also accept Visa and MasterCard as payment.
