Is DUI a Felony in Kansas?
In the state of Kansas, driving under the influence (DUI) is considered a serious offense. While it’s not automatically a felony, the penalties for a DUI conviction can be severe and may vary depending on the circumstances. In this article, we’ll explore the laws and penalties surrounding DUI in Kansas, including what constitutes a felony DUI charge.
What is DUI in Kansas?
In Kansas, DUI is defined as operating or being in physical control of a vehicle while under the influence of drugs or alcohol. The laws surrounding DUI are outlined in the Kansas Statutes Annotated, specifically in chapters 8 and 22.
Key Elements of a DUI Charge in Kansas
To convict someone of DUI in Kansas, the state must prove the following:
• Operation or Control: The defendant was operating or in physical control of a vehicle.
• Alcohol or Drug Consumption: The defendant consumed drugs or alcohol, or a combination of both.
• Impairment: The consumption of drugs or alcohol impaired the defendant’s ability to operate a vehicle safely.
• Knowingly or Recklessly: The defendant knew or should have known that they were impaired and still operated the vehicle.
How is a DUI Charge Handled in Kansas?
In Kansas, DUI cases are typically handled in a two-stage process:
Stage 1: Police Investigation
- Police Stop: A police officer stops the vehicle for a suspected violation of traffic laws or another reason.
- Field Sobriety Tests: The officer requests the driver to perform standardized field sobriety tests to assess their level of impairment.
- Preliminary Breath Test (PBT): The officer administers a preliminary breath test to determine if the driver’s blood-alcohol content (BAC) is above the legal limit (0.08% in Kansas).
Stage 2: DUI Arrest and Prosecution
- Arrest: If the officer believes the driver is impaired, they will arrest the driver and take them into custody.
- Blood or Urine Testing: The arrested driver may be required to provide a blood or urine sample for further testing to determine their BAC or the presence of drugs.
- Prosecution: The arrested driver is formally charged with DUI and their case proceeds through the court system.
What are the Penalties for DUI in Kansas?
In Kansas, the penalties for a DUI conviction vary depending on the defendant’s criminal history and the level of impairment at the time of the arrest. Here’s a breakdown of the standard penalties for a first-time DUI offender:
| Level of Impairment | Penalties |
|---|---|
| 90-day license suspension, fine up to $500, and up to 30 days in jail | |
| 120-day license suspension, fine up to $1,000, and up to 30 days in jail | |
| 365-day license suspension, fine up to $1,500, and up to 90 days in jail |
Is DUI a Felony in Kansas?
No, a standard DUI charge in Kansas is a misdemeanor offense, punishable by up to a year in jail and fines. However, there are circumstances that can elevate a DUI charge to a felony:
Felony DUI in Kansas
A DUI charge may be elevated to a felony if the driver:
- Caused Serious Bodily Harm or Death: The driver caused serious bodily harm or death to another person while under the influence of drugs or alcohol.
- Has a Prior DUI Conviction: The driver has at least three prior DUI convictions within a 10-year period.
- Refuses Testing: The driver refuses to submit to chemical testing or provides a specimen that indicates a BAC of 0.15% or higher.
Felony DUI charges carry harsher penalties, including:
- Up to 1-2 years in prison
- Fines up to $2,500
- 1-year license revocation
- Mandatory drug and alcohol treatment
Conclusion
While a standard DUI charge in Kansas is a misdemeanor, the consequences can still be severe. If you or someone you know has been charged with DUI, it’s essential to understand the laws and penalties surrounding DUI in Kansas. If you’re facing a felony DUI charge, it’s crucial to consult with an experienced criminal defense attorney to understand your legal options and work towards the best possible outcome.
