In Kansas, a person is guilty of DUI if he or she operates any vehicle (1) while under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle, (2) while under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle, OR (3) while a person is a habitual user of any narcotic. Kan. Stat. Ann. §§ 8-1567(4),(5)(b) (West 2009).
Affirmative Defense
If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge. Id. § 8-1567(c).
Implied Consent
- Any person who operates or attempts to operate a vehicle within this state is deemed to have given consent to submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. Id. § 8-1001(a).
- If the person refuses to submit to and complete any test of breath, blood or urine none shall be given, but the person’s driving privileges will be suspended for one year for the first occurrence, two years for the second occurrence, three years for the third occurrence, 10 years for the fourth occurrence and permanently revoked for a fifth or subsequent occurrence. Id. § 8-1001(k)(4).
Penalties
- First offense – not less than 48 consecutive hours nor more than six months’ imprisonment, or 100 hours of community service; fine of not less than $500 nor more than $1,000; at least 48 consecutive hours of imprisonment or 100 hours of public service will be required as a condition probation or suspension of sentence. Id. § 8-1567(d).
- Second offense – not less than 90 days nor more than one year’s imprisonment (at least 5 day mandatory minimum); fine of not less than $1,000 nor more than $1,500. Id. § 8-1567(e).
- Third offense nonperson felony – mandatory minimum of 90 days, but not more than one year’s imprisonment; fine of 2,500; the person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment. Id. § 8-1567(f).
- Forth and subsequent offense felony – not less than 90 days nor more than one year’s imprisonment; fine of $2,500; offender shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days imprisonment; 72 consecutive hours imprisonment is required before offender can be released into the work release program. Id. § 8-1567(g).
Other Penalties & Penalty Enhancers
- Having one or more children under the age of 14 years shall add one month of imprisonment to sentence. Id. § 8-1567(h).
Sobriety Checkpoints
In Kansas, law enforcement officials are entitled to carry out sobriety checkpoints under both state law and the federal Constitution.
- Law enforcement is well within the limits of the constitution if officers have specific instructions from supervisory personnel as to how to conduct roadblock, roadblocks are established in well-light areas, wait for motorists is negligible, and vehicles are stopped indiscriminately. State v. Deskins, 673 P. 2d 1174 (1983).