It's that time again! DUI Friday. Last week we left off talking about the Driver's License Administrative hearing in Kansas. Now on to the criminal aspect of a DUI.
The first DUI a person receives in Kansas is a misdemeanor. Your second DUI is elevated to a Class A misdemeanor. The penalty for a second DUI in Kansas includes 90 days to a year in prison and $1,000-$1,500 fine. The punishments for third and fourth DUI get worse from there. By your third DUI, you are charged with a felony and the minimum fine goes up to $1,500.
As of July 1, 2012, the law regarding the refusal of a breathalyzer test has changed dramatically. Now, when you refuse a breathalyzer, it is a misdemeanor offense that carries a fine comparable to the DUI itself.
If it is your first DUI, it's also likely that the Prosecutor, whether from Manhattan Municipal Court, or Riley County District Court, will offer you a diversion. Diversion is not a bad way to go, however, it does NOT mean that the DUI will stay off your record. Once you've had one DUI, it is very unlikely the prosecutor will offer you a diversion.
In any event, getting a DUI is something that no one wants to go through. If you have a DUI, you should talk to an attorney immediately to preserve your rights as well as your driver's license.
*this DUI Friday is brought to you by a Manhattan, KS Attorney and is not offered as legal advice. Choosing an attorney is an important decision and should not be based on a blog entry alone call us for a free consultation.
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