DUI Probation Terms in Kansas

Interviewer: If you’re convicted and for example, you are placed on probation, how intensive are the levels of probation and what do they normally entail?

Probation Will Entail Monthly Meetings and Completion of Any Recommended Treatment

Paul: By statute, everyone in Kansas convicted of DUI must complete a drug and alcohol evaluation prior to sentencing, and they must complete any recommended course of treatment as part of the sentence.  Just about every probation sentence will require a monthly meeting with a court services officer or a probation officer. If you’re in one of these smaller jurisdictions, they will assign supervision to the drug and alcohol treatment agency that handles your evaluation and treatment.

Some Jurisdictions Will Require Employment Confirmation and Random Urine Tests

Your Court Services Officer, Probation Officer or Diversion Monitor will generally want to meet with you once a month to confirm that you are living at the same address, employed by the same employer, and that you have had no new arrest convictions.  They also reserve the right to request random urinalysis and you will typically have 24 hours to go to a lab to provide a urinalysis to confirm that you aren’t consuming alcohol on probation  So, monthly meetings, random urinalysis, and completing your recommended course of drug and alcohol treatment, those are the typical requirements of a DUI diversion or probation.

You Are Not Permitted to Consume Alcohol While on Probation for an Alcohol-Related Offense

Interviewer:  Let’s say you’re over 21, you’re allowed to drink by law, but if you’re on probation you’re not supposed to drink at all?

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Some Probation Terms Prohibit Attendance at Any Venue That Sells Alcohol

Paul: That is correct. Some of these probations will even say you are not allowed to go anywhere that alcohol is served for consumption on the premises. That would include a professional sporting event if they sell beer at the stadium.

Some courts are a lot more draconian about that than others. Certainly no court allows casual consumption of alcohol while on probation or diversion for an alcohol-related offense. I think that’s in some way part of the penalty provision.

Adults try to responsibly enjoy a glass of wine with dinner, a beer after they mow the lawn, what have you. I think part of this is the court system just wants to take away something that we enjoy as part of the penalty.

Also, courts and judges will say, “If your consumption of alcohol – even at the social level – led to this current traffic stop and DUI charge, maybe you need to step away from it for 12 months.”

Even if we can negotiate for an allowance that you go to a professional sporting event or go out to eat where the restaurant has alcohol available, you still will not be allowed to consume alcohol at all during the 12 months that you’re on probation or diversion program for a DUI or drunk driving offense.

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