Second Offense DUI in Kansas

In Kansas, a second offense DUI is a class A misdemeanor. If convicted of this offense, you will face severe penalties.

Administrative Penalties

Kansas has administrative penalties for DUI. When you are charged with a DUI in Kansas, the arresting officer will give you a DC-27 form. This form will notify you that you must request an administrative hearing within 10 days, or else your driver’s license will be automatically suspended. If you make a request within 10 days as specified on the DC-27 form, your driver’s license will not be suspended before an administrative officer hears your case and makes a decision. Generally, the period of suspension will vary from 30 days to 1 year. A second offense DUI will result in a longer period of suspension. Many factors, including your age and your blood alcohol concentration at the time of arrest, will influence the exact period of suspension. If you refuse the chemical test, your license will be suspended for 2 years in the case of a second offense DUI. License suspension is an administrative action separate from the DUI proceedings in court.

Look-Back Period

Most states have some length of look-back period for repeat DUI offenses, but Kansas, with a very tough stance on DUIs, has adopted a lifetime look-back period. Therefore, if you had a DUI conviction when you were 23 years old and are arrested for a DUI when you are 53 years old, the 30-year-old conviction will be considered in determining your penalties.

Criminal Penalties

Under Kansas law, because a second offense DUI is a class A misdemeanor, the penalty for it is 90 days to 1 year in jail. After you have completed 2 days of your sentence, the judge can order that you complete the remainder of it under house arrest or in a work release program. You will also have to take part in and successfully complete a substance abuse treatment program. You can also be fined. The fines for a second offense DUI in the state range between $1,000 and $1,500.

Plea Options

If you have been charged with a second offense DUI in Kansas, you can enter a guilty plea or plead not guilty. You cannot, however, enter into a plea bargain for a DUI offense.

Get Legal Advice

If you are facing a charge for this crime, consult with an experienced Kansas DUI attorney.