The penalties for DUI can vary dramatically depending on the specific situation. Each case has small nuances that can make them vastly different. But there are baselines for each DUI offense that can give you a better idea of repercussions.
The legal limit
To be charged with a DUI in the state of Kansas, you must be caught operating or attempting to operate a vehicle above the legal blood alcohol content limit or impaired to such a degree that you cannot safely operate a motor vehicle. These limits vary depending on your age and qualifications. A person, 21 or older, must possess a blood alcohol limit of .08% or higher. If you’re under 21, the limit drops down to .02%. And individuals with commercial licenses caught driving a commercial vehicle only have a small cushion of .04%.
The first DUI offense carries a minimum of 48 hours in jail, up to $1,000 in fines, and a 30-day license suspension.
Depending on the circumstances, the second offense carries a minimum jail sentence of 90 days. However, your attorney may be able to have you serve only two days in jail followed by a period of house arrest in lieu of 90 consecutive days of jail. In addition, larger fines than the first offence and the possibility of a one-year license suspension loom.
Your third DUI is considered a felony as opposed to previous misdemeanor DUI charges if you have one prior offense in the last 10 years. And, of course, your jail time, fines and license suspension rise drastically per offense.
How a Lawyer Can Help
The penalties above are only the baseline for the state of Kansas. But it’s important to remember that a good lawyer can make all the difference. Depending on the evidence collected and the knowledge and experience of your attorney, these penalties can change exponentially. One of the major benefits of a good lawyer is the possibility of house arrest in place of extended jail time. The right lawyer will dig through even the smallest details of the case to reveal the best path for you. So if you find yourself in need of proper DUI defense, Jonathan W. McConnell can help with his comprehensive DUI defense experience in the state of Kansas.