What You Need to Know About a 2nd Kansas DUI Charge

Whether your first conviction for driving under the influence was two years ago or ten years ago, one thing remains the same—you have a DUI on your criminal record. If you are fortunate, your first DUI conviction will also be your last DUI conviction. But if you have found yourself in the not so fortunate situation where you have been arrested and charged with a second DUI, you need to be smart and act quickly.

The punishment for a second DUI conviction is even more severe than for a first DUI conviction. While a first conviction is considered a Class B misdemeanor, a second conviction is a Class A misdemeanor. When you are facing a second DUI conviction, it is critical that you find a qualified DUI defense attorney that has a deep understanding of Kansas DUI laws who can help you beat the charges, otherwise you could be facing the following penalties:

  • Fines: A second conviction comes with fines of not less than $1,250 but not more than $1,750. The fine is in addition to any court costs. In some instances fines can be “paid” with community service at a rate of $5 per hour, which would result in a total of 250 to 350 hours of service.
  • Driver’s license suspension: A person’s driving privileges will be suspended for a period of one year. After the one year suspension the person will need to have an Ignition Interlock Device installed on his or her vehicle, at his or her own expense, for at least one additional year following the suspension.
  • Term of imprisonment: The minimum sentence for a second conviction is not less than 90 days but can be as long as one year. A person must serve 5 consecutive days of his or her sentence before the person can be granted probation, or receive a suspension or reduction of a sentence. Under certain circumstances a person may be able to serve his or sentence under a work release program or under house arrest using an electronic monitoring device.
  • Treatment program: A person must participate in an alcohol and drug evaluation program at his or her own expense.

The important thing to remember whether you are facing your first, second or even fourth DUI charge is that the same rules apply. The State still needs to be able to prove ‘beyond a reasonable doubt’ that you are guilty of each and every element of the offense of driving under the influence. The fact that you have a DUI conviction on your criminal record has no importance on whether you will be found guilty or not guilty of a subsequent DUI charge. The only thing that changes with each ensuing DUI conviction is the penalties upon conviction. Therefore, you need an experienced DUI defense attorney who can determine what defenses you may have to the charges. Do not make the mistake of taking the ‘deal’ offered by the prosecutor without first talking to a knowledgeable and reputable DUI defense attorney about your legal rights.

A repeat charge for driving under the influence of alcohol is a serious offense and with it comes harsh penalties. Therefore, it is best to trust only a skilled Kansas DUI Defense Attorney to handle your case. Only an experienced Kansas DUI Defense attorney can properly advise you of your legal rights and uncover all possible defenses you may have. If you have been charged with your second DUI, 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 provide you with aggressive representation.


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