DCR 3.314 DUI Evaluation, Presentence, and Supervision

a. DUI's-First and Second. A drug and alcohol evaluation shall be completed on all persons convicted of a DUI 1st or DUI 2nd. This evaluation shall be conducted by a provider who was certified by the 3rd Judicial District to perform evaluation services as of July 1, 2011 or any provider listed on the Department for Aging and Disability Services' electronic list of providers. The report shall be made available to the Court 48 hours prior to sentencing. The cost of the evaluation shall not be less than $150 and shall be paid by the defendant directly to the provider unless the Court finds the defendant is indigent. If the defendant is indigent, the provider must agree to accept the payment ordered by the Court and the payment shall be paid into the Court and then remitted to the provider. (See Billing and Order to Pay Evaluation Fee (PDF) to attach to front of the evaluation).

A Presentence Investigation (PSI) is not required for DUI 1st or 2nd, but the Court may specifically order a PSI criminal history. Supervision of defendants convicted of a DUI 1st or a DUI 2nd will be assigned to Court Services for a supervision period of one year.

b. DUI's-Third and Subsequent. A presentence investigation will be completed by Court Services on all misdemeanor third DUI's and felony third, fourth, and subsequent DUI's. The risk assessment tool will be administered prior to sentencing. The Court shall determine based on the risk and needs score of the risk assessment tool whether, upon release from jail, the defendant will be supervised by Court Services or Community Corrections for the mandatory one year supervision period.

c. The State has the burden to prove any prior DUI conviction(s) of a defendant.

d. Pursuant to KSA 8-1567(e), any assessment and costs shall be be paid within 90 days after imposed and any remainder of the fine shall be paid prior to the final release of the defendant by the court.

Revised: August 17, 2016