Olathe Felony DUI Attorney

Third Conviction - At Least One Prior DUI in the Previous 10 Years: If you have 2 prior DUI convictions and at least one of those convictions occurred within the past 10 years, your third lifetimne conviction for DUI is an "unscored felony." The sentencing provisions are identical to the foregoing sentencing provision for a 3rd lifetime DUI with no prior DUI convictions in the previous 10 years. The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. The defendant must serve at least 48 hours in custody followed immediately by at least 8 consecutive days of work release or house arrest with electronic monitoring as a prerequisite to probation for the balance of the sentence. If the defendant does require daily work release while subject to house arrest supervision, the time spent at work no longer counts toward to term of confinement - only the time spent at home will count towards satisfaction of the sentence. As with any DUI offense, completion of a substance abuse treatment program is required. The fine for a 3rd conviction if scored as a Class "A" Misdemeanor ranges from $1,750.00 to $2,500.00.

At the administrative level for a Third Offense DUI, if a person is convicted of the DUI and submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .08%, but less than .149%, that person's driving privileges are suspended for 1 full year followed by an additional 2 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device. If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% or if the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 3 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

Fourth or Subsequent Conviction: A fourth lifetime 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 consecutive hours (3 days) in jail before being eligible for a work release program or house arrest with electronic monitoring for the balance of the 10 day minimum term of confinement. If the defendant elects to participate in house arrest with work release privileges, only the time spent confined in his or her residence counts towards the mandatory minimum 240 hours of confinement. Time spent away from home at work each day will no longer count. The statutory fine for a 4th or subsequent lifetime DUI offense is not $2,500.00.

At the administrative level for a Fourth Offense DUI, if a person is convictied of the DUI and submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .08%, but less than .149%, that person's driving privileges are suspended for 1 full year followed by an additional 3 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device. If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% or if the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 4 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

At the administrative level for a Fifth or Subsequent Offense DUI, if a person is convicted of the DUI, that person's driving privileges are suspended for 1 full year followed by 10 years of ignition interlock restriction, regardless of whether the driver submitted to or refused the Intoxilyzer test and regardless of whether the person provided a sample of breath that tested above or below .150% alcohol.