Third Offense DUI in Kansas

In the past 2 decades, driving while intoxicated (DWI), drunk driving, drinking and driving, and driving under the influence (DUI) have become serious crimes in most American states. Instead of ignoring it, the courts implement increasingly heavier sentences on recividists. As a result, anyone who incurs a third DUI faces greater consequences for his or her actions.  This is certainly true in the state of Kansas.

What is a Third Offense DUI in Kansas?

A third offense DUI in Kansas is defined as having a blood alcohol concentration (BAC) equal to or greater than .08%. It is a serious offense. It is the third time you have been apprehended for driving DUI. This is sequential. Unlike other states, Kansas does not have a look back period for DUI. Any prior convictions, no matter how long ago, count towards the categorization of the crime.

Unlike the first and second times, a third arrest is not a misdemeanor, but a felony. With this designation, a third offense DUI is subject to harsher penalties. These occur at both the judicial and administrative level.

Judicial and Administrative Penalties

Judicial penalties consider jail time while administrative penalties focus on issues surrounding your license suspension. A third offense DUI in Kansas results in the following penalties:

• Fines ranging from $1,500 to $2,500
• Jail time lasting from the mandatory 90 days to 1 year
• Loss of drivers license  for 1 year
• The use of an ignition interlock system following the year of suspension
• Mandatory Alcohol Evaluation and Treatment – In Kansas one possibility is the Alcohol and Drug Safety Action Education Program. You will have to pay for this out of pocket expense

If, however, you refuse the Intoxilyzer Test, you will be faced with additional jail time. You may face a minimum mandatory time in jail of 180 days prior for consideration for probation and a possible 2 year term in jail. This is the result of the law of Implied Consent. Your license suspension may extend to 3 years. Your fine may also increase to as high as $5,000 if the judge so decides.

How Should I Plead?

You have only a few plea options in Kansas. In Kansas, you cannot plea bargain on a DUI charge. By pleading guilty, or no contest, you face being convicted on a third offense DUI. If you decide to plead not guilty, you will require a lawyer. Your best hope is for your lawyer to negotiate with the prosecution for a lesser charge or to decide to go to trial.

Talk to a Lawyer

It becomes necessary, if you want to escape the consequences of a third offense DUI in Kansas, you talk to a lawyer. A criminal lawyer who specializes in DUIs can guide you through the process. He can represent you at both the administrative hearing and in judicial proceedings.