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In Kansas what is the penalty for driving on a suspended license while being on diversion for a first DUI?


In Kansas, the penalties for driving with a suspended license are listed under Kansas Statute 8-262. Here it states:

(a) (1) Any person who drives a motor vehicle on any highway of this state at a time when such person's privilege so to do is canceled, suspended or revoked or while such person's privilege to obtain a driver's license is suspended or revoked pursuant to K.S.A. 8-252a, and amendments thereto, shall be guilty of a class B nonperson misdemeanor on the first conviction and a class A nonperson misdemeanor on the second or subsequent conviction.

(2) No person shall be convicted under this section if such person was entitled at the time of arrest under K.S.A. 8-257, and amendments thereto, to the return of such person's driver's license.

(3) Except as otherwise provided by subsection (a)(4) or (c), every person convicted under this section shall be sentenced to at least five days' imprisonment and fined at least $100 and upon a second conviction shall not be eligible for parole until completion of five days' imprisonment.

(4) Except as otherwise provided by subsection (c), if a person: (A) Is convicted of a violation of this section, committed while the person's privilege to drive or privilege to obtain a driver's license was suspended or revoked for a violation of K.S.A. 8-1567 [Driving under the influence of alcohol or drugs], and amendments thereto, or any ordinance of any city or resolution of any county or a law of another state, which ordinance or law prohibits the acts prohibited by that statute; and (B) is or has been also convicted of a violation of K.S.A. 8-1567, and amendments thereto, or of a municipal ordinance or law of another state, which ordinance or law prohibits the acts prohibited by that statute, committed while the person's privilege to drive or privilege to obtain a driver's license was so suspended or revoked, the person shall not be eligible for suspension of sentence, probation or parole until the person has served at least 90 days' imprisonment, and any fine imposed on such person shall be in addition to such a term of imprisonment.

The statute goes on to list the other penalties in Kansas for driving while suspended which include:

  • an additional 90 days suspension of your license, after you clear up the original reason on your driving record that has caused your license to be suspended, prior to this conviction;
  • requirement that you maintain proof of automobile insurance (SR-22 filing) with the KS Driver Control Bureau for a period of twelve (12) consecutive months;
  • a reinstatement fee of either $ 100 or $ 300, depending upon your driving record. (KSA 40-3118 (f)); and
  • this conviction is one of the three necessary convictions used by the Driver Control Bureau to revoke your driver's license under the Kansas "Habitual Driving Statute" for a three year period.

So those are the basic penalties for driving with a suspended license in Kansas. As you see if you are under suspension due to a DUI and are caught driving, 90 days of imprisonment is part of the penalties to be hand out so you will have to check with the court to see if because you have a diversion of the DUI (instead of a conviction) you will be required to do jail time or not. Also you will need to find out if being convicted of driving while having a suspended license will affect your first offense DUI diversion. You thus will need to read through the actual terms of your diversion agreement.

As you know by now Kansas DUI law is special in that it allows for a DUI diversion program in some instances. If you have never been convicted of DUI, have never entered into a diversion contract for DUI before, and were not involved in an accident or collision resulting in personal injury or death, one can be eligible to participate in a DUI diversion program.

When you take part in the Kansas DUI Diversion program you enter into a contract between the county or city. You admit guilt in exchange for an opportunity to avoid a conviction for DUI and agree to be supervised for a year and fulfill numerous conditions. Under the diversion agreement, you will be required to pay a fine; attend an alcohol and drug safety action program or treatment program, or both; use no alcohol or drugs; and fulfill whatever other terms and conditions the city or state requires.

If at the completion of the diversion period you have completed all the requirements of the contract, the criminal charge of DUI is dismissed. This means you have not been found guilty of the DUI and no conviction will appear on your record. However, your Kansas driving record will show you were charged with DUI and that you completed a diversion program.

If you do not successfully do all that is required of you under the diversion contract, the DUI criminal case against you will be reinstated. The case will then be set for a trial using the information contained in the police reports, as stipulated to in your diversion agreement.

Kansas DUI cases in criminal court may result in fines, potential jail time, suspension of your driving privileges, and the potential impoundment of your vehicle. The amount of fine and the length of the jail sentence are determined, in large part, by whether you have previously been convicted, or placed on diversion for a Kansas DUI.

A first conviction for DUI is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail. The fine for a first time DUI conviction is between $500 and $1,000. Upon a first conviction, driving privileges are suspended for 30 days, followed by a period of restrictions. You will also be required to undergo a drug and/or alcohol evaluation.

Therefore, if you successfully complete the DUI diversion, the DUI charge and/or alcohol related charge(s) against you will be dismissed after one year. If you fail to complete the requirements of Diversion or violate any of the terms therein, the City Attorney will ask the Court to reinstate the criminal proceedings against you. So you will need to read through the agreement and possibly speak to an attorney to determine if your diversion will still be in effect or if it will be void due to your charge of driving with a suspended license.

When you have a valid driver's license you can click here to get instant Kansas car insurance quotes.


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