New Kansas Law calls for Stronger Penalties

Wednesday, April 22nd, 2009

The governor of Kansas signed a new DUI law to strengthen their existing penalties. The state will form a task force called the “Kansas DUI Commission.” The objective of this group is to review existing laws, compare them to others, and suggest improvements.

The signing of the bill came 6 months after Claudia Mijares and Gisele (her 4-year-old daughter) were killed by a driver under the influence of alcohol. The sad part is that they were just crossing the street to Wichita school when it happened.

It was shocking to find out that the driver, Gary Hammitt, already had 4 DUI convictions but he still possessed a valid driver’s license. Now, he was sentenced to almost 40 years in prison when he pleaded guilty to second-degree murder (2 counts).

The state’s Substance Abuse Policy Board admitted that the DUI laws of Kansas were so dysfunctional and complex – in fact, the system truly needs a complete overhaul. Lawmakers believe that this newly-formed commission will create an effective system to prevent future crimes, and eventually, future victims as well.

The new DUI commission includes law enforcement officers, prosecutors, judges, and legislators who will submit their initial report at the start of 2010 Legislative session and then the final report will be provided during the 2011 session. Some of the provisions consist of stiffer penalties to take effect on July 1, 2010.

Tags: Commission, dui, Kansas, Substance Abuse Policy Board
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DUI Penalties in Kansas

Wednesday, April 22nd, 2009

Like any other state, Kansas has its own DUI (Driving Under the Influence) laws and penalties. Generally, drivers suspected of drinking and driving need to cooperate with urine, breath, or blood testing to determine alcohol content. This is called “implied consent laws.” If a suspect rejects this, the license can be suspended.

Here are other considerations:

· Blood-Alcohol Concentration (BAC) – any driver with BAC above .08% is already considered “intoxicated” under the law. When this has been proven and substantiated, a driver can be convicted of DUI or DWI (Driving While Intoxicated).

· Enhanced Penalty BAC – some states have more stern punishment for BAC of .15%-.20% above legal limit. These enhanced penalty laws are not available in Kansas.

· Zero Tolerance BAC – all states have “zero tolerance laws” focused on drivers who have not yet reached the legal drinking age. For Kansas, however, people under 21 years old who have BAC of .02% or more are the ones subject to DUI penalties.

· Mandatory Alcohol Education – treatment for alcohol abuse and alcohol prevention programs may be required for Kansas offenders. These steps can take the place of paying fines or serving an imprisonment sentence.

· Administrative License Suspension or Revocation Penalties – For drivers declining to submit to urine, breath, or blood testing, penalties vary from temporary or permanent removal of the license. First offense in Kansas is for 90 days, second offense is for one year, and third offense is for three years.

Tags: BAC, drinking and driving, dui, Kansas
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