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Aggravating Factors That Can Increase DUI Penalties

The state of Kansas has tough DUI laws and corresponding penalties for anyone who is convicted of driving while intoxicated. These penalties may increase significantly if you are convicted of causing bodily harm because of drunk driving.  Another factor is if your BAC (blood alcohol content) is over 0.15%. Understanding all these factors can help you better understand your situation and the potential consequences you face.

Understanding House Bill 2055

In 2015, Sam Brownback, Kansas Governor, signed House Bill 2055 into law. This law had a significant impact on sentences for some DUI offenders. Part of the new law increased prison sentences and eliminates the possibility of parole for anyone convicted of aggravated battery DUI. Also, the law affected the criminal records of individuals convicted of any DUI offense in Kansas.

More specifically, the law resulted in the sentencing range for an aggravated battery DUI to grow from 38 months to 172 months. Also, those who are convicted of aggravated battery DUI are not eligible for parole. This section of the legislation is officially called the Mija Stockman Law.

BAC of 0.15%

Another factor that may impact the severity of the DUI charge is a person’s exact BAC. According to the law, 0.08% is the amount of alcohol required to indicate a person is intoxicated. However, if you have a BAC that is 0.15% or more, you will face additional penalties.

If during your history of your driving you have one or multiple DUIs where you had a BAC of 0.15% or higher, the judge may come to the conclusion that you not only drink and drive, but that you drink a significant amount and drive. As a result, you may face a longer license suspension and other increased penalties, but this is typically decided on a case by case basis.

Underage Passengers Increase DUI Penalties

If you have a child in the vehicle with you (someone 14 or younger) at the time of your DUI, it will result in an additional 30 days in custody along with the mandatory minimums in place for the DUI you received.

Injuries to Others

According to Kansas law, a driver is not considered eligible for diversion if they are involved in an accident that results in an injury. Also, the statute doesn’t distinguish if the injury is inflicted on another driver, passenger, or the driver themselves.

Hire an Attorney for Help with Your DUI Situation

As you can see, there are several issues that may arise with a DUI case. Be sure to consider the information here carefully to understand the factors that may result in additional penalties being applied to your case.

Understanding the ins and outs of the situation is the best way to ensure the right steps are taken to prevent harsher penalties. Being informed, hiring an attorney, and avoiding making a bad situation worse is up to you. Contact Kitchin Law Firm today.


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