CURRENT KANSAS LAW ON DUI

(as of June 1, 2024)

First Offense:

Class B Non-Person Misdemeanor
Sentencing Range: 48 consecutive hours up to 6 months imprisonment

• The 48 hours is discretionary with the court - as a condition of probation. Fine Range $750.00 to $1000.00.
• While the DUI law says that 100 hours of community service is a discretionary sentencing alternative, most courts don't consider that alternative without extraordinary circumstances being involved.
• Under current law, the 48 consecutive hours of jail time is discretionary with the sentencing judge on a 1st offense DUI

Most courts, upon conviction, want the defendant to be monitored on a 12-month probation. Some jurisdictions will consider early release from probation after a majority of the probation has been served (without any violations); however, typically, this requires that a motion for early termination from diversion is filed with the court - with a motion hearing being had before the court in order for the judge to rule on any such motion.

Second Offense:

Class A Non-Person Misdemeanor
Sentencing Range: 90 days up to 1 year of imprisonment

• 120 hours of confinement is required. Can be served in the following ways: -
  • 48 hours imprisonment followed by 72 hours of house arrest (with work release being considered);
  • 48 hours of imprisonment followed by 72 hours of work-release;
  • 120 hours imprisonment.
• If sentenced to 48 hours imprisonment followed by house arrest (or work- release), there is no requirement that the jail portion be served first, nor is there a requirement that the jail term has to be, immediately, connected to the house arrest or work release term.
• Fines range is from $1250.00 to $1750.00.

Third Offense (with no prior DUI convictions within 10 years prior to the current offense date):

Class A Non-Person Misdemeanor
Sentencing Range: 90 days up to 1 year of imprisonment
Fine range from $1750.00 to $2500.00.
Must serve, at least, 30 days of confinement, but such confinement can be served by a minimum of 48 hours imprisonment followed by house arrest (with work-release) or in a work-release program. There is a calculation method provided by statute for how any such house arrest, or work-release, program must count the time toward such required minimum, mandatory, sentence.

Third Offense (with prior DUI convictions within 10 years prior to the current offense date):

Level 6, Non-Person, Felony
Sentencing Range: 17 months up to 46 months of imprisonment - depending upon criminal history.
Fine - Not mandated by statute; and is discretionary with the court. Must serve, at least, 30 days of confinement, but such confinement can be served by a minimum of 48 hours imprisonment followed by house arrest (with work- release) or in a work-release program. There is a calculation method provided by statute for how any such house arrest, or work-release, program must count the time toward such required minimum, mandatory, sentence.

Fourth Offense or greater:

Level 6, Non-Person, Felony
Sentencing Range: 17 months up to 46 months of imprisonment - depending upon criminal history.
Fine - Not mandated by statute; and is discretionary with the court. Must serve, at least, 30 days of confinement, but such confinement can be served by a minimum of 48 hours imprisonment followed by house arrest (with work- release) or in a work-release program. There is a calculation method provided by statute for how any such house arrest, or work-release, program must count the time toward such required minimum, mandatory, sentence.

NOTE: For level of offense charged, the look-back time period is from July 1, 2001, forward.

ADDITIONALLY, for felony convictions, downward durational departures can be argued at sentencing to, potentially, avoid durational sentencing situations where the criminal history might show to be a presumptive prison term on the sentencing grid. However, the minimum mandatory sentencing requirements of the DUI statute will be considered by the court at sentencing.

FOR FELONY DUI MATTERS, there are 24 month probation terms followed by a period of post-release supervision.

FOR DUI CONVICTIONS WITH PERSONS UNDER THE AGE OF 18 IN THE VEHICLE, THERE IS AN, ADDITIONAL, ONE MONTH IMPRISONMENT ENHANCEMENT which can be served in a combination of jail/house arrest or work- release-discretionary with the judge at sentencing.