Felony DUI Defense

Prior DUI Convictions Will Result in Felony Charges

The District Court of Johnson County, Kansas is located in Olathe, KS.   Johnson County District Court has exclusive jurisdiction over State Felony Offenses committed in the cities within Johnson County, including DeSoto, Gardner, Leawood, Lenexa. Mission, Merriam, Olathe, Overland Park, Prairie Village and Shawnee.  Each of these cities will frequently elect to prosecute first and second DUI offenses, as these charges are Class “B” and Class “A” Misdemeanor offenses.  But Municipal Courts do not have jurisdiction over Felony matters.

In Kansas, a DUI offense is classified as an Severity Level 6 Felony if a driver has 2 or more prior alcohol-related driving ‘occurrences’ in their criminal history. Please note that even though successful completion of a DUI Diversion is not technically a criminal “conviction” for purposes of criminal history, prior Diversions are deemed to be alcohol-related ‘occurrences’ and are counted for purposes of felony prosecution. So, if you successfully completed a Diversion program years ago while in college and later were found guilty of misdemeanor DUI in municipal court, those two ‘occurrences’ would both be counted for purposes of any future DUI prosecution as a Felony offense. A DUI may also be prosecuted as a Felony if the impaired driver is involved in an accident resulting in death or serious injury. These cases are often charged as aggravated battery and involuntary manslaughter. Conviction on a any felony DUI charge requires a mandatory minimum term of custody. If death or serious bodily injury is involved, the sentence can be significantly longer.

If you are charged with a felony DUI, your fine and jail sentence length are determined by the number of scorable prior alcohol-related ‘occurrences’ you have – including any prior diversion for DUI, among other factors specific to the case. All prior DUI convictions and DUI diversions are now counted. It no longer matters where or how long ago any prior convictions occurred.

New Penalties for Kansas Felony DUI Convictions Effective July 1, 2022

Third Conviction – At Least One Prior DUI in the Previous 10 Years: If you have 2 prior DUI convictions and at least one of those convictions occurred within the past 10 years, your third lifetime conviction for DUI is a Severity Level 6 Non-Person Felony.

The following conditions shall apply to such sentence:

(i) As a condition of any probation granted under this subsection, the person shall serve at least 30 days of confinement. After at least 48 consecutive hours of imprisonment, the remainder of the period of confinement may be served by a combination of: Imprisonment; a work release program, if such work release program requires such person to return to the confinement at the end of each day in the work release program; or a house arrest program pursuant to K.S.A. 2022 Supp. 21-6609, and amendments thereto; and

(ii) (a) if the person is placed into a work release program or placed under a house arrest program for any portion of the minimum of 30 days of confinement mandated by this subsection, the person shall receive hour-for-hour credit for time served in such program for the first 240 hours of confinement, and thereafter, the person shall receive day-for-day credit for time served in such program unless otherwise ordered by the court; and

(b) when in a work release program, the person shall only be given credit for the time served in confinement at the end of and continuing to the beginning of the person’s work day. When under a house arrest program, the person shall be monitored by an electronic monitoring device that verifies the person’s location and shall only be given credit for the time served within the boundaries of the person’s residence;

At the administrative level for a Third Offense DUI, if a person is convicted of the DUI and submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .08%, but less than .149%, that person’s driving privileges are suspended for 1 full year followed by an additional 2 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% driving privileges are suspended for a full year, followed by an additional 3 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 4 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

Fourth or Subsequent Conviction: A fourth lifetime conviction for DUI is also a Severity Level 6 Non-Person Felony.  However, the mandatory sentencing provisions are different – The following conditions shall apply to such sentence:

(i) As a condition of any probation granted under this subsection, the person shall serve at least 30 days of confinement. After at least 48 consecutive hours of imprisonment, the remainder of the period of confinement may be served by a combination of: Imprisonment; a work release program, if such work release program requires such person to return to the confinement at the end of each day in the work release program; or a house arrest program pursuant to K.S.A. 2022 Supp. 21-6609, and amendments thereto; and

(ii) (a) if the person is placed into a work release program or placed under a house arrest program for any portion of the minimum of 30 days of confinement mandated by this subsection, the person shall receive hour-for-hour credit for time served in such program for the first 240 hours of confinement, and thereafter, the person shall receive day-for-day credit for time served in such program unless otherwise ordered by the court; and

(b) when in a work release program, the person shall only be given credit for the time served in confinement at the end of and continuing to the beginning of the person’s work day. When under a house arrest program, the person shall be monitored by an electronic monitoring device that verifies the person’s location and shall only be given credit for the time served within the boundaries of the person’s residence.

At the administrative level for a Fourth Offense DUI, if a person is convicted of the DUI and submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .08%, but less than .149%, that person’s driving privileges are suspended for 1 full year followed by an additional 3 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% driving privileges are suspended for a full year, followed by an additional 4 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 5 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

At the administrative level for a Fifth or Subsequent Offense DUI, if a person is convicted of the DUI, that person’s driving privileges are suspended for 1 full year followed by 10 years of ignition interlock restriction, regardless of whether the driver submitted to or refused the Intoxilyzer test and regardless of whether the person provided a sample of breath that tested above or below .150% alcohol.

For more information, see my DUI Penalties page and my Kansas Driver’s License Suspension page.

Felony DUI Defense That Gets Results

I am a criminal defense attorney who strives to achieve the best possible results for people who face felony DUI charges due to prior convictions or other aggravating factors. I am a member of the National association of Criminal defense Lawyers, the Kansas association of Criminal defense Lawyers and the National College for DUI Defense.  In cases requiring forensic evidence and testimony, I work with only the very best nationally acclaimed forensic experts to ensure the strongest defense for my clinets.  Let my knowledge and experience work for you.  My law firm is based in Overland Park, Kansas. I serve the citizens of Kansas City, Lenexa, Shawnee, Olathe, Mission Hills, Merriam and all surrounding communities of Johnson County and Wyandotte County, as well as Jackson County, Missouri.

Watch this video to learn how Paul Cramm defends DUI and DWI defense and to see why you need his representation in your Kansas City Drunk Driving case.