Under Kansas law, any DUI conviction after the fourth gets the same punishment which is a maximum sentence of a year in jail.
Officials say this case has them concerned.
Especially since Kansas recorded the second biggest increase in drunken driving fatalities last year according to the National Highway Traffic Safety Administration.
"I think everyone was really upset about that, but I do think that it was a reflection of how our laws have been and as they are getting tighter hopefully they are getting more drunks off the road," said Rep. Jan Pauls, D-Hutchinson.
One advocate says those laws are not tough enough.
"I think there is an overall attitude in Kansas that people don’t take responsibility for their behavior, and I think there is an overall attitude in our legislature that they shouldn’t take responsibility," said Mary Ann Khoury, DUI Victim Center.
Two years ago, a DUI commission was formed to review the state’s drunken driving laws. A few laws were put into effect including requiring an interlock ignition device to be installed in the vehicles of first time DUI offenders.