Will I Serve Jail Time in Kansas For a First Time DUI?
Changes to Kansas DUI Law no longer require Jail Time for First-time DUI Offenders in Kansas
Recent Changes to Kansas DUI Law have changed the penalties for a first conviction of Driving Under the Influence/ DUI to remove a minimum imprisonment requirement of two days in jail.
New DUI Laws in Kansas also change the penalties for a second conviction of DUI to reorganize and clarify minimum confinement requirements. A requirement that the offender serve at least 48 hours of imprisonment is modified to remove requirements that this period be served consecutively and at the beginning of the overall period of confinement. The offender shall receive hour-for-hour credit in work release or house arrest for the minimum 120 hours of confinement required by the section and will then receive day-for-day credit for any additional confinement, unless otherwise ordered by the Court.
The new Kansas DUI Law changes increase the penalty for a third conviction if the person has a prior conviction within the preceding 10 years (not including any period of incarceration) or a fourth or subsequent conviction of DUI from a non-grid, nonperson felony to a severity level 6 nonperson felony, and accordingly removes specific imprisonment and fine requirements. The new DUI laws also changes provisions regarding imprisonment at a state facility for the felony offense and related responsibilities of a sheriff to reflect the amendment making the penalty a sentencing guidelines offense, rather than a non-grid felony. Additionally, the bill removes the felony offense from postrelease supervision provisions that could conflict with the general postrelease supervision conditions that will now apply to the offense as a felony on the sentencing grid.
The New Kansas DUI Laws change the penalties for a third conviction of DUI, a third conviction of DUI with a prior conviction within the preceding 10 years, and a fourth or subsequent conviction to reorganize and standardize minimum confinement requirements, setting the required minimum confinement as 30 days. The law specifies that an offender shall receive hour for-hour credit in work release or house arrest for the first 240 hours of confinement required by these provisions and will then receive day-for-day credit for subsequent confinement, unless otherwise ordered by the Court.
The Practical Effect of these new changes is that, although no longer required by law, Prosecutors can still seek jail time on a first DUI offense in Kansas and Judges can still impose it. The removal of minimum mandatory jail time for a first time DUI offense is helpful, but many Prosecutors and Judges are still requiring jail time on a first DUI offense. This makes hiring the right DUI Defense Lawyer for your case more important than ever as an experienced DUI Lawyer may be able to use the facts of your case and the new laws to favorably negotiate a plea offer on your behalf that does not include you serving time in jail.