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Frequent DUI Questions

ARE DUI FELONIES?

A Kansas DUI is classified as a felony depending on whether you have prior DUI convictions.  If your third DUI arrest happened within ten years of your second DUI conviction, it will be charged as a felony.  Fourth and subsequent DUI's are always felonies.  Felony DUI's are handled in the District Court.

ARE DUI CLASSES MANDATORY?

Yes.  If you are convicted, the judge will order that you undergo DUI classes.  The judge may also require attendance at Alcoholics Anonymous and the MADD Victim Impact Panel.

CAN DUI BE EXPUNGED?

Yes.  A conviction for a first DUI may be expunged after five years.  All other DUI convictions may be expunged after ten years.  The time does not start until the sentence is satisfied and all fines and fees are paid.

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CAN DUI CHARGES BE DROPPED?

No.  DUI charges cannot be dropped as a result of a plea.  Kansas law prevents prosecutors from negotiating lesser charges.  The only way to beat a DUI charge is to hire an attorney who is knowledgeable and willing to fight your case for you.

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HOW DUI AFFECTS YOUR LIFE

Greatly.  A conviction for DUI results in a fine ranging from $750 - $2500, possible jail time, monitoring fees, evaluation fees, recidivist classes, increases insurance, job loss, and license penalties to name a few.  In short, a DUI conviction will result in a serious commitment of time and resources.

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WHAT DUI MEANS

DUI is driving under the influence.  Some states refer to the act of drinking while driving as Operating Under the Influence (OUI) or Driving While Intoxicated (DWI).  In order to be convicted of the offense, the Kansas government must prove that you were driving, or attempting to drive, with a BAC of .08 or above or that you were too intoxicated to safely operate a vehicle.

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WHAT ARE DUI PENALTIES?

The penalties for a DUI in Kansas include a jail term of up to one year, a fine of up to $2,500, a license suspension of up to one year, and a restricted license of up to ten years.

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