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Commercial Drivers License and DUI in Kansas

Commercial DUI differs from a common DUI in many respects.  First of all, to be charged with a commercial DUI the required blood alcohol level is reduced to only .04.  Further, the testing window for blood or breath testing is increased to three hours instead of two.

Upon a first conviction, the offender must serve at least 48 consecutive hours and no more than six months imprisonment, or the court may order 100 hours of public service.  Fines will range from a minimum of $750 and a maximum of $1,000.  Successful completion of an alcohol and drug safety education plan is required.  Additionally, a treatment program may be required at the courts discretion.

Upon a second conviction for a commercial DUI,  the offender must serve at least 90 days and no more than one year imprisonment.  Fines will range from a minimum of $1,250 and a maximum of $1,750. After serving a minimum of five consecutive days, the court may allow the remainder of the time to be served on house arrest or a work release program. If on house arrest they are required to serve 120 hours of confinement within the residence.  As a condition to parole, reduction of sentence, or probation -the offender must successful complete a treatment program alcohol and drug abuse.

Upon a third conviction for a commercial DUI, the offender must serve at least 90 days and no more than one year imprisonment.  Fines will range from a minimum of $1,750 and a maximum of 2,500. After serving a minimum of 48 consecutive hours, the court may allow the remainder of the mandatory 90 days to be served on house arrest or a work release program.  If on house arrest they are required to serve 240 hours of confinement within the residence.  As a condition to parole, reduction of sentence, or probation- the offender must successful complete a treatment program alcohol and drug abuse.

These fines and penalties are very similar to a common DUI.  However, unlike a common DUI a commercial license will be permanently revoked upon a fourth occurrence and they face stricter penalties for refusing a test. Under the commercial DUI statutes in Kansas, a person will be disqualified for life for a commercial license upon a second or subsequent occurrence for test failure or refusal arising from two separate incidents.  A disqualification for life may be limited to a minimum of ten years if the secretary of revenue chooses to do so.

Next, a person will be disqualified from driving a commercial motor vehicle for a minimum of one year upon a first occurrence under several circumstances. One, if while driving a commercial vehicle they are convicted of violating the commercial DUI statute (.04 BAC). Two, if while driving a commercial vehicle they refuse to take a test. Third, if while driving a noncommercial vehicle, with a commercial license, they are convicted of a common DUI (.08 BAC).  Fourth, if while driving a noncommercial vehicle they refuse to take a test.  Last, if while driving any type of vehicle they are convicted of a felony, such as involuntary manslaughter while driving under the influence of alcohol.

Similar to a common DUI, all offenders must also complete and alcohol and drug evaluation prior to regaining their license.  Also, the child under 14 enhancement of one month applies to this crime as well.


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