Other Things To Know
DUI Diversions Count as a Prior Conviction. For the purpose of determining whether a conviction is a first, second, third, fourth or subsequent conviction under K.S.A. 8-1567, a prior conviction" includes being convicted of a violation of this section or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;
Only One DUI Diversion in a Lifetime. A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section, and amendments thereto, or an ordinance which prohibits the acts of this section, and amendments thereto, only once during the person's lifetime.
Travel Restrictions. A person who has been convicted of a DUI is likely to be denied admission into Canada. See the website Citizenship and Immigration Canada for more information.
No Plea Bargaining. No plea bargaining agreement shall be entered into nor shall any judge approve a plea bargaining agreement entered into for the purpose of permitting a person charged with a violation of this section, or a violation of any ordinance of a city or resolution of any county in this state which prohibits the acts prohibited by this section, to avoid the mandatory penalties established by this section or by the ordinance.
Commercial Driver’s Licenses (CDLs). If you have a CDL, you already know there are very serious consequences if you are convicted of a DUI and/or fail a breath test. What you may not know is that even if you were driving a non-commercial vehicle at the time of your arrest, your CDL will be suspended if you are convicted of a DUI and/or fail a breath test. Further, because you have a CDL, you are ineligible for diversion even if this is your first DUI arrest.
Out-of-State Licenses. If you have an out-of-state license and you’re arrested for a DUI in Kansas, things are a little more complicated. If you have an out-of-state license and you’re arrested for a DUI in Kansas, Kansas can only suspend your driving privileges in the State of Kansas. Whether your home state will take action to suspend your driver’s license in the other 49 states will depend on the outcome of both the criminal and license hearings in Kansas as well as the law in your home state.
Pilots. If you have a pilot’s license, don’t forget about the reporting requirements as a result of your arrest. Check the FAA’s webpage for more information about the DUI/DWI reporting requirements.
Under 21 Years Old. If you are under 21 years old at the time you are convicted of a DUI and/or fail a breath test the license consequences are more harsh. Specifically, the minimum suspension period is one year even for a 1st offense with a breath test under 0.150. It is unlawful for anyone under the age of 21 to operate a vehicle with an alcohol concentration above 0.020 even though there are no criminal penalties for someone under the age of 21 to operate a vehicle with an alcohol concentration between 0.020 and 0.079 (unless the prosecutor alleges and proves that you were incapable of operating safely operating a vehicle). However, if someone under the age of 21 operates a vehicle with an alcohol concentration between 0.020 and 0.079 and they fail to request an administrative license hearing and/or lose their hearing, their driving privileges will be suspended for 30 days on a first occurrence and one year for each subsequent occurrence.
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