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.

Be backed by a lawyer who knows how to fight DUI charges, schedule a consultation with a Kansas City lawyer today!

DUI Penalties in Kansas

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!