Penalties Escalate for Repeat DUI Offenders

In 2011, it was estimated that more than 1.2 million people in this country were arrested for driving under the influence of alcohol or drugs (DUI). The saddest fact is that a significant portion of drivers convicted each year of their first DUI will not learn their lesson not to drink and drive. It is estimated that approximately one-third of those individuals arrested each year for DUI have a previous DUI conviction. As lawmakers try to crack down on the DUI recidivism rate, the penalties for a second, third or even a fourth offense, escalate accordingly. If you have a DUI conviction, you need to be aware of the increased penalties you could face if charged with a subsequent DUI. Jail time, fines and administrative penalties increase for each ensuing DUI conviction as follows:

First Conviction – Class B nonperson misdemeanor

  • Sentence: Range from not less than 48 hours (or 100 hours of community service) to not more than 6 months in jail.
  • Fines: Range from not less than $750 but not more than $1,000, plus court costs.
  • License suspension between 30 days and one year. Restriction of an Ignition Interlock Device for up to one year following license suspension.

Second Conviction – Class A nonperson misdemeanor

  • Sentence: Range from not less than 90 days to not more than one year in jail, of which 5 days must be served.
  • Fines: Range from not less than $1,250 but not more than $1,750, plus court costs.
  • License suspension of one year. Restriction of an Ignition Interlock Device for at least one year following license suspension.

Third Conviction – Nonperson Felony (if the conviction occurs within 10 years of the previous conviction)

  • Sentence: Range from not less than 90 days to not more than one year in jail, of which 90 days must be served.
  • Fines: Range from not less than $1,750 but not more than $2,500, plus court costs.
  • License suspension of one year. Restriction of an Ignition Interlock Device for at least two years following license suspension.

Fourth Conviction – Nonperson Felony

  • Sentence: Range from not less than 90 days to not more than one year in jail, of which 90 days must be served.
  • Fines: $2,500 plus court costs
  • License suspension of one year. Restriction of an Ignition Interlock Device for at least three years following license suspension.

There are also many not so apparent penalties that go along with successive DUI convictions. For example, it will be much more costly and more difficult to find car insurance if you have one or more DUI convictions on your record. A person’s third or fourth DUI conviction will also make that person a convicted felon. In the United States, a convicted felon may be prohibited from exercising such rights as serving on a jury or voting in an election. Those individuals with felony records are also prohibited from owning a firearm. Therefore, if you have been charged with a DUI it is of the outmost importance that you afford yourself the benefit of having qualify and aggressive representation, regardless of whether it is your first or third DUI arrest.

If You Have Been Charged with a DUI in Kansas, Contact the Whitman Law Offices Now!

Driving under the influence of drugs or alcohol is a serious crime and with it comes some pretty serious penalties. If you have been charged with DUI you need an experienced Kansas DUI Defense Attorney. Only a skilled Kansas DUI Defense Attorney will be able to thoroughly review your case and provide you with aggressive representation. Call the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation, Attorney Charles E. Whitman has more than 35 years of experience representing persons charged with DUI. You can trust the Whitman Law Offices to make sure all of your legal options are considered.

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