Legal Representation For DUI Cases

If you’re facing a DUI, you need to act quickly to protect your driving privileges and rights. Barrett Law Firm PA knows the law and can help you navigate the legal system, so that you won’t lose your license before getting a fair shake.

1st Conviction:

Class B misdemeanor. Jail-minimum 48 consecutive hours in jail to maximum 6 months or 100 hours of public service. Fine $750.00 to $1000.00, alcohol evaluation - $150.00, alcohol classes - $150.00, court costs, regular driver's license suspended and restricted to interlock device as identified in the driver's license penalties section of this summary of the laws. CDL revoked 1 year.

2nd Offense:

Class A misdemeanor. Jail-minimum of 90 days that may be paroled to 5 consecutive days to maximum 1 year, house arrest or work release may be granted after 48 consecutive hours imprisonment, minimum fine of $1250.00 to maximum of $1750.00, alcohol evaluation - $150.00, treatment, court costs, regular driver's license suspended and interlock as described in the driver's license penalties section of this summary of the laws, CDL permanently revoked.

3nd Offense:

Is considered Class A misdemeanor if you have not been convicted of DUI within preceding 10 years. It is considered a non-person felony if you have been convicted of DUI within preceding 10 years. Jail-minimum 90 consecutive days to maximum 1 year. House arrest or work release may be granted after 48 consecutive hours for a 3rd offense. Minimum fine $1750.00 to $2500.00 maximum, treatment, costs, regular driver's license - driver's license suspension and interlock as described in the driver's license penalties section of this summary of the laws, CDL - permanent revocation.

4th and Greater Offense:

Non-person felony. Jail-90 days minimum and 1 year maximum, work release or house arrest may be ordered after 72 consecutive hours imprisonment, $2500.00 fine, costs, treatment, regular driver's license - suspension followed by interlock as described in the driver's license penalties section of this summary of the laws. CDL-permanent revocation.

If person convicted of DUI has one or more child under age of 14 years in the vehicle at the time of the offense, the punishment is enhanced by one month consecutive, not to exceed maximum sentence allowable.

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For driving incidents on or after July 1, 2012, a person refusing a breath, blood, or urine test requested by an officer may be convicted of a criminal offense of refusal if they have a prior administrative test refusal on or after July 1, 2001 and if they were 18 years of age or older or if they have previously been convicted of DUI on or after July 1, 2001 and if the person was 18 years or older when convicted.

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1st Conviction:

Class A misdemeanor. Minimum jail 90 days - maximum 1 year jail - may be paroled to serve 5 consecutive days before probation. Fine $1250.00 to $1750.00. Alcohol evaluation - $150.00. Court costs and costs of school or treatment. House arrest and work release may be granted after 48 consecutive hours.

2nd Offense:

Class A misdemeanor if no prior conviction within 10 years. Non-person felony if prior conviction within 10 years. Jail - minimum 90 consecutive days to maximum 1 year. House arrest and work release may be granted after 48 consecutive hours. Fine $1750.00 to $2500.00. Community Corrections or Court Services may be ordered with 1 year mandatory supervision. Court costs and treatment costs.

3rd or Subsequent Criminal Refusal:

Non-person felony. Jail - 90 days to 1 year. Must serve 90 consecutive days before probation or parole. Work release, or house arrest may be ordered after 72 hours incarceration. Fine $2500.00.

Note that the convicted may obtain diversion for 1st offense. 

If person has one or more child under age of 14 years in the vehicle at the time of the offense, the punishment is enhanced by one month consecutive, not to exceed maximum sentence allowable.

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This form of deferred prosecution is offered for person never having been diverted or convicted of DUI who was not involved in an accident involving personal injury or death. Some counties and municipalities have other rules and some do not offer a diversion. Costs and terms of diversions vary but typically include a diversion fine of $750.00, an application fee, the evaluation, classes or treatment, court costs, and supervision fee.

Driver's license is not suspended based upon the criminal court case although it can be suspended by ancillary administrative action. According to a Kansas Attorney General Opinion, CDL drivers are not eligible for diversion.

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You have a period of 14 calendar days to make a written request to the Kansas Driver Control Bureau for an administrative hearing. This is completely separate and independent from the DUI criminal case. If you do not make this written request, your driver's license will be suspended and restricted by an interlock device 30 days after you receive the pink "Law Enforcement Officer's Certification," DC-27 form.

You must pay a $50.00 fee payable to the Kansas Department of Revenue at the time you make the written request for driver's license hearing. In the hearing request, you should request the subpoena of officer who signs the pink Officer's Certification and should request a "in-person hearing", not by telephone.

If you lose the administrative driver's license hearing, the administrative driver's license suspensions and restrictions are served concurrently, at the same time, as the criminal driver's license sanctions. An "occurrence" means a test refusal, test failure, DUI diversion, or DUI conviction, with multiple occurrences on the same driving date counting as one occurrence.

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The driver's license penalties that apply to a regular driver's license are as follows:

Administrative Refusal Before 07-01-12

SuspendInterlock

First1 year1 year

Second1 year2 years

Third1 year3 years

Fourth 1 year4 years

Fifth + 1 year10 years**

Administrative Refusal Effective 07-01-12

SuspendInterlock
First1 year2 year
Second1 year3 years
Third1 year4 years
Fourth 1 year5 years
Fifth + 1 year10 years**

DUI or Refusal Conviction or Administrative Failure Under .15

SuspendInterlock
First30 days180 days or 1 year*
Second1 year1 year
Third1 year2 year
Fourth 1 year3 year
Fifth + 1 year10 years**

Administrative Failure or Conviction - .15 or Greater

Suspend Interlock

First1 year1 year

Second1 year2 years

Third1 year3 years

Fourth 1 year4 years

Fifth + 1 year10 years**

* 1 year interlock if prior conviction of open container, minor in possession, or driving while habitual offender, or if 3 or more moving violations within 12 month period or if DUI ticket occurred when license revoked, suspended, cancelled or withdrawn.
** May petition Court to reduce 10 year interlock to 5 year interlock if proof:

• No conviction for driving on suspended or revoked license during 5 years
• Installation, maintenance, and use of ignition interlock device during 5 years
• There is no other reason for suspension or revocation of license

Driver's license penalties if the driver is under 21 years of age are as follows:

• 1st test over .02 but less than .08 - 30 day suspension and 330 day unrestricted interlock.
• 2nd or greater over .02 but less than .08 - 1 year suspension.
• All penalties for test refusal, DUI or refusal convictions, and administrative failures of .15 or greater are the same as for an adult.

A licensee who is restricted by an interlock order must carry the interlock order with him or her when driving. For more information on DUI, call us today.

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For a DUI charge, prior convictions or diversion for DUI must have occurred after July 1, 2001. The following convictions count as a prior occurrence if it occurred during a person's lifetime: criminal refusal, commercial DUI, boating DUI, DUI manslaughter, aggravated vehicular homicide, vehicular battery DUI, and Code of Military Justice DUI.

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A "restricted interlock" may be obtained to replace a portion of the driver's license suspension. It is different than the "unrestricted interlock" which follows the term of the suspension. During the period of the unrestricted interlock, you may drive anywhere at anytime as long as you have an interlock in your vehicle.

During the unrestricted interlock time, you may drive your employer's vehicle without an ignition interlock during normal business activities if you do not partially or entirely own or control your employer's vehicle or business.

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1st Administrative Refusal:

After 90 days of suspension you may apply for restricted interlock to or from a person's employment, or schooling, in the course of employment, during a medical emergency, or to or from probation or parole meetings, drug or alcohol counseling, or alcohol and drug safety action programs.

2nd or Greater Administrative Refusal:

After 90 days of suspension, you may apply for restricted interlock privileges for the remainder of the year to permit driving to and from (not during) work, school, alcohol treatment, and interlock provider for maintenance or downloading of data.

1st Administrative Test Failure or 1st Conviction for Dui or Conviction for Criminal Refusal:

May apply for restricted interlock after 45 days for remainder of the 1 year suspension to or from a person's employment or schooling, in the course of employment, during a medical emergency, or to or from probation or parole meetings, drug or alcohol counseling, or alcohol and drug safety action programs.

2nd or Greater Administrative Failure or Conviction for Dui or Conviction for Criminal Refusal:

May apply for restricted ignition interlock effective 45 days after suspension to permit driving to and from (not during) work, school, alcohol treatment and interlock provider for maintenance or downloading of data.

Applications for Restricted Interlock:

A $100.00 application fee must be paid with all applications for restricted interlock.

The application for restricted interlock may and should be made as soon as the suspension starts. It cannot become effective until the 45 day or 90 day waiting period has passed, however it can begin being processed in the bureaucracy. Once the application is acted on, you are given permission to get an ignition interlock device but cannot get the restricted interlock privileges until you provide proof that you have installed the ignition interlock.

The application for restricted interlock requires the filing of a DC-1015 form, which can be found at http://www.ksrevenue.org/pdf/dc-1015.pdf. This form should be completed for requesting "restricted interlock".

The DC-1014 is the application drivers should complete if they want to get credit against the interlock time for a suspension already received in excess of a year. Whenever a DC-1014 is filed, you should also file a DC-1015. Please read the instructions carefully.

Breath test of .08 or greater is prima facie, presumptive evidence that under the influence to the degree that renders a person incapable of safely driving. Breath test below .08 may be considered.

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• Test permitted: blood, breath, urine, or saliva - one or more samples as designated by law enforcement officer
• Type of advisement required - statutorily defined implied consent advisory must be given in writing and verbally.
• The test result or test refusal may be considered in court.

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Blood must be drawn by a person licensed to practice medicine and surgery or a person acting under the supervision of any such licensed person, a registered nurse or licensed practical nurse, or any qualified medical technician, including but not limited to, an emergency medical technician-intermediate or mobile intensive care technician or a phlebotomist.

It is important to remember as much as you can about how the blood was collected, who collected it, how it was sealed, what type of antistatic was applied, and what happened to the blood tube.

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After the completion of testing, you are entitled to consult with an attorney or obtain an independent test. The original sample is not required to be saved.

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Prohibited for purpose of reducing mandatory penalties of conviction. It is your attorney's goal to show the prosecutor that the case should not be prosecuted based upon the facts, law, or testing science.

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