Kansas City DUI Penalties

Kansas & Missouri DWI Penalties

Under Kansas law, a driver will be charged with driving under the influence if their blood alcohol content is .08% or greater. Both the first and second offenses will be charged as misdemeanors. The following third and fourth offenses will likely be felony charges and will come with long term consequences.

Some factors affecting the severity of the punishment include how many prior DWI convictions are on your record, your blood alcohol content, and whether you had a DUI involving an accident. In light of the potential consequences, having a Kansas City DUI attorney fighting for your rights is vital.

Reinstatement of driving privileges and/or the court may require the installation of an ignition interlock device on any vehicle you own or operate.

Kansas DUI Sentences

1st Conviction

• Misdemeanor, Class B
• Jail sentence of 48 hours to 6 months, $750 to $1,000.00 fine
• Must serve at least 48 hours of the sentence
• Suspends driver's license for 30 days to one year, followed by ignition interlock
• Mandatory alcohol evaluation and counseling/treatment

2nd Conviction

• Misdemeanor, Class A
• Jail sentence of 90 days to one year, $1,250.00 to $1,750.00 fine
• Must serve at least five days of the sentence (work release or house arrest is possible after 48 hours)
• Suspends driver's license for one year, followed by ignition interlock
• Mandatory alcohol evaluation and counseling/treatment

3rd Conviction

• Misdemeanor, Class A (unless prior conviction was within the last 10 years, then felony)
• Jail sentence of 90 days to one year, $1,750.00 to $2,500.00 fine.
• Must serve at least 90 days of the sentence (work release or house arrest is possible after 48 hours)
• Suspends driver's license for one year, followed by ignition interlock
• Mandatory alcohol evaluation and counseling/treatment

4th or Subsequent Conviction

• Felony, Non-person (prior conviction from 2001 to present)
• Jail sentence of 90 days to one year, $1,750.00 to $2,500.00
• Must serve at least 90 days of the sentence (work release or house arrest is possible after 48 hours)
• Suspends driver's license for one year, followed by ignition interlock
• Mandatory alcohol evaluation and counseling/treatment

Missouri DUI Sentences

First Offense - Class B Misdemeanor

• JAIL: Up to a maximum of 6 months imprisonment
• FINE: Up to $500.00
• PROBATION: Two years with conditions to complete a substance abuse evaluation and education/treatment, community service hours and/or random testing for alcohol.
• SUSPENSION OF DRIVING PRIVILEGES: 30-day suspension of driving privileges followed by a 60 day restricted driving period, or 90 days ignition interlock restricted privileges.

Second Offense - Class A Misdemeanor

• JAIL: Up to a maximum of one-year imprisonment (must serve at least 10 days in jail if the prior offense was within 5 years).
• FINE: Up to $1,000.00
• PROBATION: Two years with similar conditions as above.
• REVOCATION OF DRIVING PRIVILEGES: One-year revocation depending on the date of the prior occurrence and ignition interlock (5-year denial of driver's license if a second conviction within 5 years).

Third or Subsequent Offense - Felony

• JAIL: Up to fifteen years in prison (must serve at least 30 days to 2 years depending on the number of prior offenses).
• FINE: Up to $5,000.00
• PROBATION: 2 to 5 years with the Missouri Department of Corrections with similar conditions as above.
• REVOCATION OF DRIVING PRIVILEGES: 10-year denial of driver's license.

Alternative Sentences for DUI Convictions

Locking someone behind bars for an extended period of time is not always beneficial to any party involved. The state or local governments will need to provide for the incarcerated, and the incarcerated can contribute nothing back to society. In many ways, this can be viewed as a “lose-lose” situation. To avoid putting everyone at a disadvantage, alternative sentences in DUI convictions can be used.

Alternative sentences are meant to help the convicted get sober and deter them from ever drinking and driving again. To this end, alcohol education and rehabilitation is frequently offered. Community service can be used to help them get a better sense of the importance of the people in their neighborhood. House arrest with or without work release may sometimes be considered in lien of jail. Probation and suspended sentences may also be part of the sentence. In such cases, the convicted will be placed on probation and allowed to drive using a restricted permit; if they violate the conditions of their probation – such as drinking and driving, or committing any vehicle-related crime – the other portions of the original sentence are triggered.

Looking for a DWI lawyer in Kansas City?

Attorney Steve Schanker has an impressive success rate in helping his clients avoid the harsh consequences of a DUI conviction and will immediately move into action to fight your charges. He finds viable defense solutions to even the toughest cases. He may be able to arrange alternatives to the standard heavy sentencing and other penalties, and has the aggressive approach to defending cases that can lead to an acquittal in court.

Contact a Kansas City DUI lawyer to defend you against drunk driving charges.