A first-time DUI in Kansas is a Class B misdemeanor. A person guilty of this offense will be required to serve a minimum of 48 hours in custody and up to six months in custody. He or she will be fined a minimum of $750 and up to $1250. A year of probation will follow the jail sentence. The Judge has the option to substitute 100 hours of community service for the first 48 hours of jail time. House arrest and work release are options, at the discretion of the Judge, for a portion of the jail time.
Some people charged with a first-offense DUI are offered a program called diversion. This is at the discretion of the prosecutor, who alone decides who gets the offer. Diversion basically puts the case on hold for a year. During that year the defendant agrees to jump through a series of hoops including alcohol treatment or education, urine testing, and reporting to a monitor. The defendant will also be required to stay out of trouble, refrain from using alcohol and illegal drugs, and pay a diversion fee of around $800 to $1300, depending on the court. If the person on diversion successfully completes this year the DUI case will be dismissed and will not result in a conviction.
A trial is always an option when you are accused of a crime, including DUI. Kansas DUI defense attorney Brian Leininger has taken well over 100 DUI cases to trial and can discuss with you whether this is the right option for you.
