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Is jail mandatory for a first offense DUI in Kansas?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Effective as of July 1, 2007,the potential sentence for Kansas DUI charges for first offenses for individuals who either refuse the Intoxilyzer Test or who submit a sample of breath or blood in excess of .15% alcohol concentration, can be as long as one year in jail. You must serve a mandatory minimum of 96 hours to eligible for probation and/or pay a fine ranging from $1,000-$2,000. Your license may be suspended for 30 days or longer. Sentencing is up to the judge's discretion. You have the right to request in writing an administrative hearing to challenge the grounds for license suspension. If you request a hearing, your driving privileges cannot be suspended until the matter has been heard. For drivers who have never been convicted of a prior DUI and you were not involved in an accident that injured anyone, you may be eligible to participate in the Kansas DUI DWI Diversion program. The program is a contract between you and the city or state that you give up your right to a jury trial and in exchange for the opportunity to avoid an DUI conviction, you will be required to either pay a fine, attend an alcohol or drug related safety program, agree to not use drugs or alcohol and comply with all other terms and conditions the city or state requests. Once you successfully complete the program, your DUI charges will be dropped. If you do not complete the program, then the criminal case will be reinstated against you.
A DUI charge is serious. If you are facing a first offense Kansas DUI, you should contact a Kansas criminal defense attorney. The attorney can represent you in court and help defend you to try and get the matter dismissed or your sentence reduced.
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