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Sentence Enhancements for DUI in Kansas

In Kansas, if a child under the age of 14 is in the vehicle at time of a DUI offense, the convicted offender shall serve an additional month of imprisonment on top of the imposed term.  This additional month must be served consecutively.  The one limit to this enhancement is that the court may not impose an additional month if it exceeds the maximum sentence allowed for the charge.  For example, for a first time offender the maximum imprisonment is six months.  Therefore the court may not impose a six month imprisonment plus the one month enhancement because this would exceed the maximum allowable sentence.  However, if the court imposed a five month term plus the one month enhancement for driving under the influence with a child under the age of 14, this would be allowed because the imprisonment would not exceed the six month maximum.

Another enhancement that exists under Kansas law is an increased penalty for minors who fail a blood alcohol test.  If a minor has a blood alcohol concentration between .08 and not at or above .15, they will lose their driving privileges for one year.  If the concentration is .15 or above at the end of the suspension period the minor will be restricted to driving only a vehicle that is equipped with an ignition interlock device.

Under Kansas law, if a person fails a test with their blood alcohol concentration .15 or above they will face heightened punishments.  Upon a first, second, third or fourth occurrence, the offenders’ license will be suspended for one year.  For a first offender, after the one year suspension, the persons driving privileges will be restricted for one year to driving only a vehicle equipped with an ignition interlock device. For a second offender, after the one year suspension, the persons driving privileges will be restricted for two years to driving only a vehicle equipped with an ignition interlock device. For a third offender, after the one year suspension, the persons driving privileges will be restricted for three years to driving only a vehicle equipped with an ignition interlock device.  For a fourth offender, after the one year suspension, the persons driving privileges will be restricted for four years to driving only a vehicle equipped with an ignition interlock device. For fifth-time offenders, the persons driving privileges will be permanently revoked.

If a person’s driving privileges have been suspended for one year on a second occurrence, after serving 45 days of suspension, the person may apply for a restricted license with an ignition interlock device for the purposes of getting to and from work, school, or an alcohol treatment program.


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