Johnson County, Kansas Traffic Law Center | Traffic & Speeding Ticket Amendment Lawyers-Attorneys-Law Firm | Amendments, Diversions, Legal Representation

Despite being a municipal court, Olathe Municipal Court is one of the largest and best run courts in the State.  They process thousands of misdemeanor and traffic cases per year and employs 2 expereienced and knowledgeable judges.

In addition, the Olathe Municipal Prosecutor's Office employs 5 seasoned, knowledgeable, and tough prosecutors and even more staff members.  

As a result, a DUI charge in Olathe is an extremely serious matter that should not be taken lightly.  The laws pertaining to Olathe DUIs call for a jail sentence and license suspension for every conviction - even those for first time offenders!

To minimize the harm that can result from an Olathe DUI charge, you should consider retaining an experienced Olathe DUI attorney as soon as possible to protect your liberty, your property, and your family.

In most cases, you only have 14 days from the date of your arest to reuqest an administrative hearing with the Kansas Department of Revenue or your driver's license will be automatically suspended for a period of 30 days to life!  

For more detailed information on Olathe DUI charges, including the best ways to win an Olathe DUI case, visit our main Olathe DUI page:  http://www.johnsoncountydui.com/Practice-Areas/Olathe-DUI.shtml

 (Selected portions of) KSA 8-1567. Driving under influence of alcohol or drugs; blood alcohol concentration; penalties.
(a) No person shall operate or attempt to operate any vehicle within this state while:
(1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, Including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;
(2) the alcohol concentration in the person's blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more;
(3) under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;
(4) under the influence of any drug or combination of drugs to a degree rendering the person incapable of safely driving a vehicle;or
(5) 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.
(b) No person shall operate or attempt to operate any vehicle within this state if the person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug.
(c) 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.
(d) Upon a first conviction of a violation of this section, a person shall be guilty of a class B, nonperson misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment, or in the court's discretion 100 hours of public service, and fined not less than $500 nor more than $1,000. The person convicted must serve at least 48 consecutive hours' imprisonment or 100 hours of public service either before or as a condition of any grant of probation or suspension, reduction of sentence or parole. In addition, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, or both the education and treatment programs.
(e) On a second conviction of a violation of this section, a person shall be guilty of a class A, nonperson misdemeanor and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $1,500. The person convicted must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and amendments thereto.
(f) On the third conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,500 nor more than $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. The court may also require as a condition of parole that such person enter into and complete a treatment program for alcohol and drug abuse as provided by K.S.A. 8-1008. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment.
(g) On the fourth or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined $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. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. At the time of the filing of the judgment form or journal entry as required by K.S.A. 21-4620 or 22-3426, and amendments thereto, the court shall cause a certified copy to be sent to the officer having the offender in charge. The l agency maintaining custody and control of a defendant imprisonment shall cause a certified copy of the judgment form or journal entry to be sent to the secretary of corrections within three business days of receipt of the judgment form or journal entry from the court and notify the secretary of corrections when the term of imprisonment expires and upon expiration of the term of imprisonment shall deliver the defendant to a location designated by the secretary. After the term of imprisonment imposed by the court, the person shall be placed in the custody of the secretary of corrections for a mandatory one-year period of postrelease supervision, which such period of postrelease supervision shall not be reduced. During such postrelease supervision, the person shall be required to participate in an inpatient or outpatient program for alcohol and drug abuse, including, but not limited to, an approved aftercare plan or mental health counseling, as determined by the secretary and satisfy conditions imposed by the Kansas parole board as provided by K.S.A. 22-3717, and amendments thereto. Any violation of the conditions of such postrelease supervision may subject such person to revocation of postrelease supervision pursuant to K.S.A. 75-5217 et seq. , and amendments thereto and as otherwise provided by law.

More about Olathe, KS drunk driving (DUI) charges and convictions:

Olathe DUI charges consist of two components, both of which can have a tremendous effect on anyone arrested for DUI. 

First, there is the proceeding in Olathe Municipal Court, which concerns the criminal charge where you are facing at least 6 months in jail and hundreds or thousands of dollars in fines.

Second, there will almost always be an administrative hearing.  This is where the Kansas Department of Revenue's Driver's License Bureau is trying to suspend your license for a period between 30 days and life. 

What is the difference between a felony DUI in Olathe and a misdemeanor DUI?

Kansas law counts all of a driver's prior convictions and diversions as "prior convictions" for purposes of determining the severity level of a DUI charge in Olathe.  

If the driving under the influence charge is the driver's first, then the proper charge is as a class B misdemeanor.  If the driving under the influence charge is a driver's second, then the correct charge is a class A misdemeanor.

If the prosecution believes that the DUI case is a person's third or higher, then it should be prosecuted as a felony. Kansas law does not allow felony cases to be prosecuted in Municipal Courts such as Olathe's, so the case will be dismissed in the Municipal Court and then re-filed as a felony in Johnson County District Court. 

Felony DUI/DWI cases are extremely serious matters, with serious jail requirements, court ordered treatment (such as in-patient or intensive outpatient), fines of $2500, and other requirements.  

If you've been charged with a DUI in Olathe of elsewhere in Johnson County, you want to retain an Olathe DUI lawyer to look after your interests!

The possible penalties in Kansas stemming from a DUI conviction are as follows (taken from KSA 8-1567):

"Upon a first conviction of a violation of this section, a person shall be guilty of a class B, nonperson misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment, or in the court's discretion 100 hours of public service, and fined not less than $500 nor more than $1,000. The person convicted must serve at least 48 consecutive hours' imprisonment or 100 hours of public service either before or as a condition of any grant of probation or suspension, reduction of sentence or parole. In addition, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both the education and treatment programs.

(e) On a second conviction of a violation of this section, a person shall be guilty of a class A, nonperson misdemeanor and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $1,500. The person convicted must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and amendments thereto.

(f) On the third conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,500 nor more than $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. The court may also require as a condition of parole that such person enter into and complete a treatment program for alcohol and drug abuse as provided by K.S.A. 8-1008, and amendments thereto. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours' imprisonment.

(g) On the fourth or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined $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. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. At the time of the filing of the judgment form or journal entry as required by K.S.A. 21-4620 or 22-3426, and amendments thereto, the court shall cause a certified copy to be sent to the officer having the offender in charge. The law enforcement agency maintaining custody and control of a defendant for imprisonment shall cause a certified copy of the judgment form or journal entry to be sent to the secretary of corrections within three business days of receipt of the judgment form or journal entry from the court and notify the secretary of corrections when the term of imprisonment expires and upon expiration of the term of imprisonment shall deliver the defendant to a location designated by the secretary. After the term of imprisonment imposed by the court, the person shall be placed in the custody of the secretary of corrections for a mandatory one-year period of postrelease supervision, which such period of postrelease supervision shall not be reduced. During such postrelease supervision, the person shall be required to participate in an inpatient or outpatient program for alcohol and drug abuse, including, but not limited to, an approved aftercare plan or mental health counseling, as determined by the secretary and satisfy conditions imposed by the Kansas parole board as provided by K.S.A. 22-3717, and amendments thereto. Any violation of the conditions of such postrelease supervision may subject such person to revocation of postrelease supervision pursuant to K.S.A. 75-5217 et seq. , and amendments thereto and as otherwise provided by law."

The administrative penalties (i.e. the proposed length of a license suspension) for Olathe DUI charges are as follows: 

1st Offense:
If an Olathe police officer is deemed to have valid "reasonable grounds" (a theory similar to "probable cause") to request that you submit to an Intoxilyzer or blood test and you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for a 30-day period, followed by 330 more days of restricted driving privileges. 

If you test at or above .15% on a true first offense, or if you refuse the Intoxilyzer test, you face suspension of your driving privileges for a full year followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device - a machine that can cost almost $100/month to install and lease.

2nd Offense:
If you are arrested by an Olathe Police officer and fail the Intoxilyzer or blood test by providing a  sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.

If you test at or above .15% on second offense, you face suspension of your driving privileges for a full year followed by an additional 2 years of driving a vehicle only if it is equipped with an ignition interlock device.

If you refuse the Intoxilyzer test on a second offense, you face suspension of your driver's license for 2 years.

3rd Offense:
If you are arrested by an Oalthe Police Officer and fail the blood or intoxilyzer test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.

If you test at or above .15% on third offense, you face suspension of your driving privileges for a full year followed by an additional 3 years of driving a vehicle only if it is equipped with an ignition interlock device.

If you refuse the Intoxilyzer test on a third offense, you face suspension of your driver's license for 3 years.

4th Offense:
If you are arrested by an Olathe police officer and fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.

If you test at or above .15% on fourth offense, you face suspension of your driving privileges for a full year followed by an additional 4 years of driving a vehicle only if it is equipped with an ignition interlock device.

If you refuse the Intoxilyzer test on a fourth offense, you face suspension of your driver's license for 10 years.

5th Offense:
If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail or refuse the test, the penalty is a LIFETIME license suspension.  There is currently no way to get your license reinstated.