Offenses Related to Kansas DUI

Often, a DUI is not the only citation that a driver receives. Other tickets that may also be issued may be for speeding, failing to maintain a single lane, failure to obey a traffic signal, etc. Those traffic tickets, while considered moving violations, are less serious and carry only fines as punishment. What follows below is a list of offenses that also get charged with a DUI frequently but that have much harsher penalties.

DRIVING WHILE SUSPENDED: Driving while suspended as a result of an alcohol related offense carries very serious consequences.

First Time: A Class B misdemeanor punishable by at least a $100.00 fine and up to 6 months in jail. Probation may be granted.

Second Time: A Class A misdemeanor punishable by at least a $100.00 fine and up to one year in jail. Persons convicted of a second driving while suspended are not eligible for probation until they have served five days in jail.

Third and Subsequent Times: A Class A misdemeanor punishable by at least a $100.00 fine and up to one year in jail. Persons convicted of a second driving while suspended are not eligible for probation until they have served five days in jail. However, if the suspension was due to refusing to submit to a breath or blood test, or for a conviction for failing to have insurance, being a habitual violator, vehicular homicide, or involuntary manslaughter there is a mandatory minimum sentence of 90 days in jail and a minimum fine of $1,500.00.

DRIVING WHILE SUSPENDED FOR A DUI : People who get a subsequent DUI while suspended for a DUI, are subject to all of the above, but they must also serve a mandatory 90 day jail sentence.

OPEN CONTAINER: An Open Container violation is transporting an alcohol container in a vehicle (even if it has only a couple drops of alcohol in it, i.e., a crushed beer can). It is punishable by up to six months in jail and a maximum $200.00 fine. On a second conviction the person's driver's license is suspended for a year.

MINOR IN POSSESSION: A minor in possession charge may be filed whenever a person under the age of 21 possesses or consumes alcohol. It is a Class C misdemeanor if the minor is between 18 and 21 years old, and is punishable by a minimum $200.00 fine and possible jail time. For minors under the age of 18, it is punishable by at least $200.00 and not more than $500.00. Further, there may be 40 hours of community service and some alcohol education classes ordered by the court. Also, there is a mandatory 30 day suspension of the minor's driver's license for a conviction of minor in possession. Click here for more information!

POSSESSION OF SUSPENDED, CANCELED OR REVOKED DRIVER'S LICENSE: It is illegal to possess a suspended, cancelled or revoked driver’s license.

Free Evaluation Concerning Your Kansas DUI or Missouri DWI Defense

Go to next document (Non-Judicial Penalties)

Go to DUI Guide table of contents

This web site is for informational and advertising purposes only. Jay Norton is the attorney responsible for all of the content in the advertising material. The law firm of Erker, Norton, & Hare, L.L.C., is based in Olathe, Kansas. None of the information contained in the Erker, Norton, & Hare, L.L.C. website should be construed as legal advice and it does not create an attorney-client relationship between the viewer and Erker, Norton, & Hare, L.L.C. absent an express agreement between the law firm and the viewer. The attorneys of our firm have extensive experience as Kansas DUI lawyers and Missouri DWI lawyers and are also well known in the community as Kansas criminal defense attorneys, Missouri criminal defense attorneys and federal criminal defense attorneys. The Guide to Kansas DUI Law and Guide to Missouri DWI Law do not constitute legal advice and may or may not accurately represent the current state of the law on those subjects as laws change frequently. Every legal matter is different and the information in these pages may not be applicable to any one specific case. The viewer should neither take nor refrain from taking any action on the basis of any information on this Web site without first seeking appropriate legal or other professional advice. The receipt of an email from our law firm, even in response to a specific question, does not create an attorney-client relationship and no email exchange should be considered confidential. All attorneys at Erker, Norton, & Hare, L.L.C. are licensed in the state of Kansas. Attorneys J. Ryan Hare and Lindsay Hare are licensed in Missouri, as well. None of the information in this Web site pertains to any states other than Kansas and Missouri and should not be construed as solicitation of business in those or any other states. Erker, Norton, & Hare, L.L.C. specifically disclaims any warranties of services this Web site may seem to offer. If you are unclear about the terms of this disclaimer, the accuracy of any information on the website, or if you have a Kansas DUI, Missouri DUI, federal, state or municipal criminal charge in Kansas or Missouri, a personal injury case in Kansas or Missouri, or a domestic relations case in Kansas, please feel free to contact our law firm for further information.