Kansas City Criminal Defense Lawyers
Aggravating Factors Which Enhance DUI Penalties in KS

Aggravating Factors Which Enhance DUI Penalties in KS

If you are convicted of a DUI in Kansas, you face extremely harsh penalties. However, those penalties are even more serious if there are certain aggravating factors which can increase your misdemeanor DUI charge to a felony offense.

The following are the most common aggravating factors which enhance DUI penalties in Kansas:

  • Prior DUI offenses – One of the main aggravating factors is prior DUI convictions within the past ten years of the current charge. For example, while a first-time DUI conviction is punishable by a maximum jail sentence of six months, fines of up to $1,000, and license suspension for no longer than 30 days, a second offense carries a maximum 12-month jail sentence, fines of up to $1,750, and license suspension for no longer than one year.
  • BAC was .15% or higher – The legal limit in Kansas is .08%. However, a chemical test with the result of .15% or greater will lead to harsher penalties, especially when it comes to suspension of your driving privileges. For example, while license suspension for a first-time DUI is up to 30 days, a first-time DUI involving a BAC of .15% or higher results in license suspension for up to one year.
  • Underage passengers – When a minor child under the age of 14 is found during a DUI arrest, this could lead to increased DUI penalties or a separate child endangerment charge.
  • An accident attributed to DUI – If there is any property damage stemming from a car accident, it will lead to harsher penalties upon conviction for DUI.
  • The DUI led to another person’s injury or death – If drunk driving resulted in someone’s injury or death, you will face a felony DUI—whether or not you have a previous DUI conviction on your record.

If you are facing felony DUI charges in Kansas, having an experienced criminal defense lawyer on your side can help you get the most favorable outcome possible. Our Kansas City DUI attorneys at Stein Law, LLC have a comprehensive understanding of state law and can guide you through the complexities of your case while protecting your rights and future.

Contact us and request a free consultation today for more information.


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