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Kansas Court Records

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What is a DUI and a DWI in Kansas?

The terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) have slightly different meanings based on each state constitution. In Kansas, drunk driving offenses are classified as DUIs. As required by the state law, motorists may be apprehended by law enforcement agencies if they show a blood alcohol concentration (BAC) level above 0.08 while driving. The Traffic Safety section of the Kansas Department of Transportation is tasked with handling all DUI and traffic-related issues in the state. Drunk driving offenses in Kansas are resolved at the Municipal court. These cases may result in penalties like payment of fines, license suspension, arrest, or jail sentence, depending on the nature of the crime. Therefore, offenders need to understand the need to resolve cases as fast as possible to avoid severe punishments.

What is the Difference Between a DUI and a DWI in Kansas

DUI and DWI both refer to traffic cases involving drinking and driving. As stated previously, the state of Kansas uses the term DUI to describe such cases. Law enforcement officers can arrest an offender for DUI if such an offender

  • Is caught driving while intoxicated with drugs, alcohol, or both
  • Shows a blood alcohol content above 0.08
  • Is a commercial driver with a blood alcohol content above 0.04
  • Is a narcotics abuser that uses medications that cause sleep or psychoactive drugs
  • Is a juvenile below 21 years driving with a blood alcohol content above 0.02

What happens when you get a DUI for the First Time in Kansas?

Offenders arrested for a DUI offense are given the pink DC–27 form by the arresting officer. The document reveals that the offender’s plastic driver’s license has been collected by the arresting officer and suspended for a DUI offense. The form is also a temporary driving license that allows the offender to continue driving for the next 30 days. Motorists issued a DC–27 paper are required to request an administrative hearing to contest the license suspension. This should be done within fourteen (14) days, or the license will be automatically suspended. First time DUI offenders are given some leeway provided that there was no injury or casualty involved. According to Kansas DUI law, first-time offenders are given the option of accepting the diversion program to avoid trial. Motorists who choose the diversion program will have to:

  • Admit their guilt
  • Pay a fine
  • Finish the community service hours
  • Enroll in an alcohol and drug education school

How Likely is Jail Time After a First DUI in Kansas?

It is likely to get jailed for a first DUI offense in Kansas, especially if the offender refuses to take the diversion program. However, this is only possible if any injury or casualty was recorded while drunk driving. DUI offense resulting in the death of an individual is regarded as involuntary manslaughter. Offenders convicted for such a crime may spend between three to fifteen years in jail, depending on the offense’s circumstances. Also, first-time offenders may be jailed for 30 days if a passenger below 14 years was in the car at that time.

What are the Typical Penalties for a DUI Conviction in Kansas?

DUI offenders in Kansas may be charged with a misdemeanor or felony, depending on the nature of the crime committed. First and second offenders are prosecuted for a misdemeanor but are allowed to enter a DUI diversion program. Such a program allows the offender to give up their right to trial and avoid having a conviction record. Typical penalties for DUI conviction in Kansas are categorized below:

First time or second time DUI conviction

Offenders who decide to go to trial stand the risk of getting:

  • A 48 hours mandatory jail sentence
  • A fine in the range of $500 and $1000. The penalty will include court fee, probation, and evaluation charges
  • 100 hours of community service
  • A 30 to 330 days driving suspension

Third or fourth time DUI conviction

According to Kansas law, motorists who commit a third and fourth offense will be charged with a nonperson felony within ten years. Convicted persons may

  • Be given a jail sentence between 90 days and one year
  • Get a fine within the range of $1750 and $2500
  • Not get probation or jail sentence reduction until they have served at least 90 days’ imprisonment.
  • The offender must have spent either 48 hours or 72 hours (for the fourth-time offender) in detention before they may be allowed to serve 90 days in a work-release program.

How Long Does a DUI Stay on Your Record in Kansas?

DUI offenses may stay up to five or ten years in the criminal history record of the offender. First-time offenders are allowed to file for expungement after a five-year waiting period is completed. However, before completing the waiting period, subsequent crimes will remain on the record for ten years before it can be expunged. DUI convictions often show up under some government documents or background checks. However, through expungement or record sealing, you may decrease the likelihood of an employer finding out about your DUI offense.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused of.

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How do I Find DUI Checkpoints in Kansas?

DUI checkpoints strongly clash with the U.S. Fourth Amendment. The law maintains that people have the right to be protected from random inspections and seizures by public officials. As such, these checkpoints work under unique legislation and requirements in Kansas. If these rules are not duly followed, the stops/checkpoints may be regarded as unconstitutional and can be challenged by a DUI defense lawyer. According to the Kansas DOT, a DUI checkpoint’s goal is to ensure that offenders ‘believes the chances of apprehension are greatly increased.’ With this thought, most offenders will refrain from the act. Most checkpoints are available on the internet or the Department of Transportation in Kansas.

Which is Worse; a DUI or DWI?

In Kansas, DUI (driving under the influence) is the general term used for drunk driving offenses. As such, there is no difference between DUI and DWI according to state law.

What is an Aggravated DWI in Kansas?

Aggravated DWI equally means aggravated DUI offenses. Such offenses may include:

  • Third and fourth DUI convictions
  • DUI convictions involving involuntary manslaughter
  • DUI convictions involving a minor below 14 years old

These offenses usually result in long jail sentences and hours of community service. In most cases, jail sentences are not reduced until after a mandatory 90 days of imprisonment.

What Happens When You Get a DWI in Kansas?

Road users charged with a DWI will get the same penalty as a DUI offender. Generally, these penalties include fines, suspension of license, community service, jail sentence, etc. Although a DWI can have more drastic implications, the procedure is similar to being convicted with a DUI. The offender may be freed on parole or detained until the initial hearing, depending on the crime’s seriousness. When the driver wishes to plead guilty, a plea bargain will be negotiated after an arraignment. If not, a schedule for a pre-trial is fixed during the arraignment.

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