Download or read book Attorney General Opinion No. 1994-043 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A third or subsequent conviction for driving under the influence of alcohol or drugs is a non-grid felony which is punishable by imprisonment in a state penal institution for a minimun of 90 days. Confinement in a facility under the control of the secretary of corrections is considered "imprisonment" although such is not a restrained environment in which the court and law enforcement agency intend to retain custody and control of a defendant as approved by the board of county commissioners or the governing body of a city. If a court issues an order granting "probation" after 90 days imprisonment for a third or subsequent conviction for driving under the influence of alcohol or drugs, the court has actually issued an order granting parole; consequently the period of imprisonment is not a condition of probation. Cited herein: K.S.A. 1993 Supp. 8-1567; 21-4502; 21-4602; 21-4603; 21-4603e; 21-4610; 21-4702; 21-4703; 21-4704; L. 1993, ch. 259.