Prior DUI Convictions Will Result in Felony Charges
In Kansas, a DUI offense is classified as an "unscored" Felony if a driver has 2 or more prior alcohol-related driving 'occurrences' in their criminal history. Please note that even though succesful completion of a DUI Diversion is not technically a criminal "conviction" for purposes of criminal history, prior Diversions are deemed to be alcohol-related 'occurrences' and are counted for purposes of felony prosecution. So, if you successfully completed a Diversion program years ago while in college and later were found guilty of misdemeanor DUI in municipal court, those two 'occurrences' would both be counted for purposes of any futyre DUI prosecution as a Felony offense. A DUI may also be prosecuted as a Felony if the impaired driver is involved in an accident resulting in death or serious injury. These cases are often charged as aggravated battery and involuntary manslaughter. Conviction on a any 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 the number of scorable prior alcohol-related 'occurrences' you have - including any prior 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.
Third Conviction: A third conviction for DUI is an "unscored felony" punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of house arrest with work release privileges. The mandatory minimum fine for a third conviction is $1,500 and may be as high as $2,500. At the administrative level, the term of suspension for a test failure is the same as for a second offense: one-year suspension of driving privileges followed by one year of interlock restrictions. For a test refusal, the term of suspension is 3 years.
Fourth Conviction: A fourth conviction for DUI is also an "unscored felony." The mandatory minimum sentence is 90 days and a maximum sentence of 12 months in prison. A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500. Upon a fourth conviction, driving privileges are suspended for one year followed by one year of interlock restrictions for a test failure. For a test refusal, the term of suspension is 10 years. If there is a fifth conviction, driving privileges are permanently revoked regardless of whether the driver refused or failed the test.
New Penalties for Felony DUI Convictions Effective July 1, 2011
The following penalty enhancements were expected to take effect July 1, 2010. BUT - due to eleventh hour legislative disputes that were not resolved prior to the deadline, these changes will not take effect until July 1, 2011. Even though current DUI defendants are spared the following penalty enhancements, it is very important that you and your lawyer understand the very punitive trend the Kansas Legislature continues to pursue with regard to DUI laws:
Penalties for a Third Conviction Felony DUI
A third DUI offense in your lifetime will be charged as an unscored felony. Conviction can result in up to 12 months in prison. The mandatory minimum sentence that you must serve is 90 days of custody; however, the judge can order you to serve 72 hours in custody followed by at least 87 consecutive days of "work release" privileges. Effective July 1, 2011, house arrest will no longer be an option to satisfy the balance of the mandatory minimum 90 day custody requirment. The statutory fine for a Third Lifetime DUI Conviction is $2,500.00 At the adminstrative level, the term of suspension for a third lifetime conviction is one year of suspension followed by one year of operating a vehicle only if it is equipped with an ignition interlock device. If you refused the Intoxilyzer Test, the term of license suspension is 3 years. Also, the recent amendment will still apply and you will be subject to vehicle immobilization in Kansas on all second and subsequent DUI convictions.
Penalties for a Fourth Conviction Felony DUI
A fourth conviction for DUI is also an "unscored" felony in Kansas. The mandatory minimum sentence that you will be required to serve is 180 days and the maximum sentence you face will be the same 12 months of custody. A person convicted of a fourth or subsequent lifetime DUI will be required to serve 144 hours (6 days) of custody before being eligible for "work release" privileges during the balance of the sentence. The fine for a fourth lifetime DUI conviction will be $2,500.00. Upon conviction, driving privileges are suspended for one year followed by operating a vehicle only if it is equipped with an ignition interlock device. If you refused the Intoxilyzer test, your diriving privileges are suspended for 10 years. You will still be subject to vehicle immobilization in Kansas on all second and subsequent DUI convictions.
Penalties for Subsequent Offenses
A fifth or subsequent conviction for DUI carries criminal penalties similar to those set forth above for Fourth lifetime offense. However, a fifth lifetime conviction for DUI will result in the permanent revocation of your driving privileges.
Please note that the foregoing information presumes that you submitted to the Intoxilyzer Test as requested, but "failed" the test by providing a sample of breath in excess of .08% alcohol - but less than .15% alcohol. The Kansas Legislature recently enacted significantly greater administrative penalties for drivers who either test at or above .15% alcohol or who refuse the Intoxilyzer test outright. For more information, see my DUI Penalties page and my Kansas Driver's License Suspension page.
Felony DUI Defense That Gets Results
I am a criminal defense attorney who has a proven track record of getting the best possible 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, please contact me at my Kansas City office. I will fight aggressively to see that your rights are protected and you achieve the very best possible outcome on the facts and circumstances of your case, whether it is your third, fourth or fifth DUI charge. I am an experienced criminal defense attorney offering a free initial consultation. I also accept Visa and MasterCard as payment.
