What Is Kansas' Look-Back Period for DUIs? | Wichita DUI Attorney

WICHITA, Kan., Aug. 19, 2024 /PRNewswire/ -- A Driving Under the Influence (DUI) charge carries serious consequences, which may be amplified for repeat offenders. Because of Kansas' strict "look-back period" regarding DUIs, you may not be walking away with a warning, even if it's your first offense in nearly 10 years. To better understand how Kansas' look-back period may affect your penalties, follow along as our Wichita DUI Attorneys at the McConnell Law Firm detail the specifics of Kansas' DUI laws.

Understanding Kansas' Look-Back Period

When it comes to DUI charges, the look-back period is the timeframe within which prior DUI offenses are factored into determining penalties for a new charge. It's important to note that in Kansas, any DUI convictions since July 1, 2001, will be considered when determining penalties for a subsequent DUI conviction.

"Any convictions before July 1, 2001, should not be used to enhance your sentencing," said Jonathan W. McConnell, founding Wichita DUI Attorney at the McConnell Law Firm. "However, you have to be aware that courts may still base decisions on such knowledge of previous DUI convictions."

First DUI Offense

According to Kansas Statute, the penalties for a first-time DUI offense are severe but less stringent when compared to subsequent offenses. A first DUI conviction is classified as a class B, nonperson misdemeanor, with penalties including:

• • Up to six months of jail time.
  • Fines ranging from $750 to $1,000.
  • A 30-day license suspension followed by a six-month to one-year ignition interlock device (IID) requirement.

Second DUI Offense

A second DUI offense in Kansas is classified as a class A, nonperson misdemeanor. Due to the state's strict look-back period, any previous DUI conviction in the last ten years will result in harsher penalties. These penalties include:

• • 90 days to one year of jail time.
  • Fines ranging from $1,250 to $1,750.
  • A one-year license suspension followed by a one-year ignition interlock device (IID) requirement.

Third DUI Offense

A third DUI offense will result in a level 6, nonperson felony in Kansas unless your second offense falls outside of the 10-year period, making your third conviction a misdemeanor. Penalties for a third offense misdemeanor may include:

• • 17 to 46 months of prison time (depending on criminal history).
  • Fine up to $100,000.
  • A one-year license suspension followed by a two-year ignition interlock device (IID) requirement.

Fourth and Subsequent DUI Offenses

Kansas law continues to impose strict penalties for fourth and subsequent DUI offenses. These offenses are classified as level 6, nonperson felonies, with increasing severity for each additional offense. The penalties include:

• • 17 to 46 months of prison time (depending on criminal history).
  • Fine up to $100,000.
  • A one-year license suspension followed by a three to 10-year ignition interlock device (IID) requirement.

Why It Matters

In an effort to deter repeat offenses in the state, Kansas' look-back period has significant implications for individuals with prior DUI convictions. This means that multiple offenses will lead to harsher consequences and have long-lasting effects on future sentencing, including influencing the overall classification (as a misdemeanor or felony) of your offense. Given the severity of penalties for repeat offenders, partnering with an experienced Wichita DUI attorney can be invaluable to your defense, as they can help with DUI negotiations, challenge the validity of evidence, such as field sobriety test results, and reduce your charges.

Have You Been Accused?

If you are facing DUI charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting one of our Wichita DUI attorneys about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of an experienced Wichita DUI Attorney? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com 

SOURCE McConnell Law Firm