WICHITA,
Kan., Aug. 19, 2024 /PRNewswire/ -- A Driving
Under the Influence (DUI) charge carries serious consequences,
which may be amplified for repeat offenders. Because of
Kansas' strict "look-back period"
regarding DUIs, you may not be walking away with a warning, even if
it's your first offense in nearly 10 years. To better understand
how Kansas' look-back period may
affect your penalties, follow along as our Wichita DUI Attorneys at
the McConnell Law Firm detail the specifics of Kansas' DUI laws.
Understanding Kansas'
Look-Back Period
When it comes to DUI charges, the look-back period is the
timeframe within which prior DUI offenses are factored into
determining penalties for a new charge. It's important to note that
in Kansas, any DUI convictions
since July 1, 2001, will be
considered when determining penalties for a subsequent DUI
conviction.
"Any convictions before July 1,
2001, should not be used to enhance your sentencing," said
Jonathan W. McConnell, founding
Wichita DUI Attorney at the McConnell Law Firm. "However, you have
to be aware that courts may still base decisions on such knowledge
of previous DUI convictions."
First DUI Offense
According to Kansas Statute, the penalties for a
first-time DUI offense are severe but less stringent when compared
to subsequent offenses. A first DUI conviction is classified as a
class B, nonperson misdemeanor, with penalties including:
-
- Up to six months of jail time.
- Fines ranging from $750 to
$1,000.
- A 30-day license suspension followed by a six-month to one-year
ignition interlock device (IID) requirement.
Second DUI Offense
A second DUI offense in Kansas is classified as a class A, nonperson
misdemeanor. Due to the state's strict look-back period, any
previous DUI conviction in the last ten years will result in
harsher penalties. These penalties include:
-
- 90 days to one year of jail time.
- Fines ranging from $1,250 to
$1,750.
- A one-year license suspension followed by a one-year ignition
interlock device (IID) requirement.
Third DUI Offense
A third DUI offense will result in a level 6,
nonperson felony in Kansas
unless your second offense falls outside of the 10-year
period, making your third conviction a misdemeanor.
Penalties for a third offense misdemeanor may include:
-
- 17 to 46 months of prison time (depending on criminal
history).
- Fine up to $100,000.
- A one-year license suspension followed by a two-year ignition
interlock device (IID) requirement.
Fourth and Subsequent DUI Offenses
Kansas law
continues to impose strict penalties for fourth and subsequent DUI
offenses. These offenses are classified as level 6, nonperson
felonies, with increasing severity for each additional offense. The
penalties include:
-
- 17 to 46 months of prison time (depending on criminal
history).
- Fine up to $100,000.
- A one-year license suspension followed by a three to 10-year
ignition interlock device (IID) requirement.
Why It Matters
In an effort to deter repeat offenses in the state, Kansas' look-back period has significant
implications for individuals with prior DUI convictions. This means
that multiple offenses will lead to harsher consequences and have
long-lasting effects on future sentencing, including influencing
the overall classification (as a misdemeanor or felony) of your
offense. Given the severity of penalties for repeat offenders,
partnering with an experienced Wichita DUI attorney can be
invaluable to your defense, as they can help with DUI negotiations,
challenge the validity of evidence, such as field sobriety test
results, and reduce your charges.
Have You Been Accused?
If you are facing DUI charges, we encourage you to contact the
McConnell Law Firm as soon as possible. While every case is
different, and no conclusions should be drawn without first
consulting one of our Wichita DUI attorneys about the specifics of
your case, it is always in your best interest to have a skilled
attorney by your side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of an experienced
Wichita DUI Attorney? We encourage you to contact the McConnell Law
Firm at (316) 243-5903 for a free consultation.
jonathanwmcconnell.com
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