Can prior out-of-state DUI convictions be used against the accused facing a new DUI charge in Kansas?
Prior out of state convictions are subject to new considerations under the revised Kansas DUI statute, KSA 8-1567(j). Kansas courts will now look at the name of the offense (DUI), underlying elements of the offense (driving/incapable of safe operation/breath test over .08), and whether the out of state offense targets similar conduct to the Kansas offense. The revisions to the statute are a response to the court's ruling in State vs. Stanley, a 2014 case that ruled a prior Missouri DWI conviction was not a "comparable offense" and therefore not used against the defendant at sentencing of his Kansas DUI conviction.
