How Out-of-State DUI Convictions Affect Kansas DUI Penalties

Published: 27 April 2017 | 9:53PM

Our clients frequently ask what consequences a prior out-of-state conviction will have for a DUI case in Kansas. Whether you were visiting Kansas from another state or recently moved to Kansas, your prior DUI record will follow you and could have consequences on your Kansas case.

Kansas enhances penalties for second and subsequent DUI convictions. Your third or subsequent conviction will be enhanced to a felony under almost every circumstance. Kansas will count prior out-of-state DUI convictions that meet the requirements for a Kansas DUI conviction. But, because not all states have DUI laws similar to the DUI laws in Kansas, not every DUI conviction from every state will count as a prior in Kansas.

For example, in a recent unpublished case, the Kansas Court of Appeals held that a Nebraska DUI could not count as a prior conviction in Kansas because the Nebraska DUI law is broader than Kansas law. Similarly, Kansas courts have declined to use prior DUI convictions from Missouri to enhance sentences in Kansas. While these are examples of out-of-state convictions not used to enhance sentences in Kansas, DUI convictions from several other states (including Texas, Colorado, and Oklahoma) are used to enhance penalties for Kansas DUIs.

DUI laws are complex. It is extremely important to have an experienced DUI attorney who can recognize this issue when it appears. If you have been charged with DUI in Kansas, contact the experienced criminal defense attorneys at Joseph, Hollander & Craft. With attorneys in Wichita (316-262-939), Topeka (785-234-3272), Lawrence (785-856-0143), and Overland Park (913-948-9490), we serve clients from the Oklahoma border to the Kansas City area.

Our Locations

Kansas City | 816-673-3900

926 Cherry St
Kansas City, MO 64106

Lawrence | 785-856-0143

5200 Bob Billings Pkwy, #201
Lawrence, KS 66049

Overland Park | 913-948-9490

10104 W 105th St
Overland Park, KS 66212

Topeka | 785-234-3272

1508 SW Topeka Blvd
Topeka, KS 66612

Wichita | 316-262-9393

500 N Market St
Wichita, KS 67214

Contact Joseph, Hollander & Craft LLC

Contact Joseph, Hollander & Craft to discuss how our team of attorneys can help you.

This field is for validation purposes and should be left unchanged.