A third-time DUI in Kansas can be a felony or a misdemeanor. If you have two prior DUIs (a conviction OR a diversion) and at least one of the prior cases is within ten years of your current case, your case is a felony. If you have two prior DUIs and neither of them is within ten years of your current DUI, your case is a misdemeanor.
The difference between a misdemeanor and a felony is drastic. Not all prior DUI cases will count as a prior offense in Kansas. Excluding a prior offense from consideration can mean the difference between a felony and a misdemeanor. How is this determination made?
One consideration is the age of the prior offense. Some can be determined to be too old to count as a prior DUI offense. Another consideration is the location of the prior offense. Some DUI cases from other states (and even a few within Kansas) can be excluded if the DUI statute in that location is not substantially similar to the Kansas DUI law. Kansas DUI lawyer Brian Leininger has had numerous felony DUI charges reduced to misdemeanors by investigating the prior offenses.
If you are convicted of a felony DUI you will be sentenced to incarceration for a minimum of 90 days and up to a year. Work release and/or house arrest can be substituted for a portion of the jail time at the Judge's discretion. You will be placed on post-imprisonment supervision (parole) for a year.
Kansas DUI defense lawyer Brian Leininger has represented clients in felony DUI cases across Kansas. He has had dozens of DUI jury trials and has won acquittals for many clients.