Overland Park Criminal & DUI Defense

New Kansas DUI "Refusal" Law

The New Kansas DUI "Refusal" Law

Well people Kansas has upped the ante again on their "war" against DUI's. Kansas already had some of the toughest DUI penalties in the U.S. as it was, even receiving the top rating of 5 stars on it's penalties from Mothers Against Drunk Driving (MADD). The new law otherwise known as Senate Bill 60 only serves to make things tougher and infringe upon people's rights even more. There are many rumors about what the new law entails and to be honest it is much more complicated then it should be. Here are the basics of what you need to know:

The new law went into effect on July 1st, 2012. A refusal of a test in Kansas is now a crime if the person has a prior DUI diversion, conviction or license suspension for a refusal which occurred when the person was over 18 years old. Yes, you read that right, a refusal of the test is now an additional crime to the DUI charges themselves.

Here is a summary of the penalties:

1st time refusal: Class A Nonperson Misdemeanor. 90 days to 1 year jail. $1250 - $1750 fine. Driver's License Suspension of 1 year followed by 2 years with an ignition interlock.

2nd time refusal:

-(if no priors in last 10 years): Class A Nonperson Misdemeanor. 90 days to 1 year jail. $1750 - $2500 fine. Driver's License Suspension of 1 year followed by 3 years with an ignition interlock.

-(if prior in last 10 years): Nonperson Felony. 90 days to 1 year jail, $1750 - $2500 fine.

Driver's License Suspension of 1 year followed by 3 years with an ignition interlock.

3rd and subsequent refusals: Nonperson Felony. 90 days to 1 year jail. $2500 fine. Driver's License Suspension of 1 year followed by 4 years with ignition interlock.

I'm not going to bore people with my opinion on this new law, but don't get too comfortable as the DUI laws will surely be changed again come next July....

If you or someone you know has been charged with a DUI or other criminal charges both felony or misdemeanor contact our Overland Park office for a free case evaluation with an experienced attorney today.

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