Kansas City DUI Penalties
Kansas & Missouri DWI Penalties
In Kansas, 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. Misdemeanor DUI penalties include
up to a year in jail and up to $1,750 in fines. The following third and
fourth offenses will likely be felony charges.
Felony DUI charges carry harsher penalties and 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. The consequences you may be facing could have devastating effects on
your future. That is why having a
Kansas City DUI attorney fighting for your rights is vital.
If you want to fight the penalties of a DUI charge, then
schedule a consultation with a Kansas City lawyer today!
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 an 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 an ignition interlock
- Mandatory alcohol evaluation and counseling/treatment
3rd Conviction
- Misdemeanor, Class A (unless the prior conviction was within the last 10
years, then a 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 an 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 an ignition interlock
- Mandatory alcohol evaluation and counseling/treatment
Reinstatement of driving privileges may require the installation of an
ignition interlock device on any vehicle you own or operate.
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.
If your driver's license has been suspended due to a DUI charge, you
may be eligible to request a
driver's license hearing and apply for a hardship 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.
In Kansas City, 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 are 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 lieu 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 an aggressive approach to defending cases that can lead to an
acquittal in court.
If you or a loved one are facing DUI charges, schedule a
free case review with a Kansas City DUI lawyer now!