DUI – 2nd Offense

If you’ve found yourself accused of a second offense DUI charge, I know you are very concerned about the potential penalties you could be facing. Being accused as a “multiple offender” is an uncomfortable position to be in, no matter what the actual circumstances.

Criminal Charge in Kansas City? Call Attorney, Mark Hagen at (913) 871-1007.

You may have a prior conviction from years ago and you didn’t think this would ever happen again. And of course, with today’s hair trigger arrests, there is a real chance that you are completely innocent of the charge, regardless of the prior conviction.

But it is true that facing a 2nd or 3rd offense conviction, you are looking at being  treated more harshly than first time offenders if you are found guilty. Having worked in the area for years, I know what you are up against and want to help.

The good news is that usually you have as good a chance in fighting a 2nd offense DUI charge as if it were a first offense, even if the states and potential penalties are higher.

Second Offense DUI and Subsequent Offenses – Potential Penalties

Jail/Prison Time Fines License Suspension
2nd Offense DUI 90 days to 1 year $1000-$1500 1 year
3rd Offense (felony) DUI 90 days to 1 year $1500-$2500 1 year
4th Offense (felony) DUI 90 days to 1 year @2500 1 year

We can discuss your specific case, and how likely I think that a judge might give you a harsher sentence at his or her discretion, based on the facts of your case. It is difficult to realistically assess what you are facing in penalties just by looking at the chart. The range is significant.

In addition, with each conviction you will be required to attend drug alcohol education classes and your vehicle may be impounded.

If this is a 4th offense you will be required to undergo one year of post-release supervision including an alcohol treatment program.

If you are convicted of DUI for a 5th time you will lose your license permanently.

Ref: KSA 8-1567

Ignition Interlock Device Requirements

In addition to the above penalties, the judge will likely impose the installation of an ignition interlock device for a period of more than one year following your driver’s  license reinstatement. This device requires you to take a breath test before starting your vehicle and requires you to pay for installation and monthly maintenance.

The new Kansas IID law went into effect on 7/1/11.

Under 21 and facing Kansas DUI Charges?

If you are under the legal drinking age there is a zero tolerance policy. This means you can be charged with a DUI for having as little as .02 blood alcohol content rather than the usual .08% BAC.

The penalties you face for this charge all depend on the results of your breath test and could be as harsh if not worse than the regular DUI penalties.

DUI on a Commercial Driver’s License?

A CDL license means the threshold at which you can be charged with DUI in Kansas is even lower. If your BAC is .04% you can be charged. This is half as much as a regular DUI charge and all the more reason to find an experienced local attorney to defend your case.

A DUI charge with a CDL has the potential to impact your career and your livelihood.

Get a Consultation with an Experienced Kansas DUI Defense Lawyer

Any DUI charge, particularly a 2nd or subsequent offense cannot be taken lightly. Any DUI conviction has the potential to change your life. It is now that you need to evaluate your situation and decide who you want representing you before the Kansas criminal courts.

But there are always defense alternatives, so don’t give up hope! Having defended many DUI cases in local courthouses, I know what we are up against and stand ready to go to battle for you. Call me today for an honest assessment of your options, so we can get started on your case together.