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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 up to 6 months, $750 to $1,000.00 fine.
  • 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 or Subsequent Conviction

  • Level 6 nonperson felony
  • Must participate in mandatory post-release supervision
  • 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.

Ignition Interlock After DUI Conviction

Under a recent change to Kansas law, DUI penalties include the mandatory installation and use of an ignition interlock device (IID) for anyone convicted of drunk driving, including first time DUI offenders. The State is serious about drunk driving and will exercise punishments to the full extent of the law provided for DUI sentencing. Ignition interlock devices are meant to prevent repeat offenses and subsequent DUI arrests by requiring drivers to provide a breath sample each time he or she starts the car.

An IID works similarly to the breathalyzer used in breath and blood tests. If the device detects alcohol levels that indicate blood alcohol content above the programmed level, the ignition system of the vehicle will be disabled. Many devices also require additional samples while driving to prevent the driver from driving drunk after having another person provide the initial breath sample. If the device detects alcohol in the subsequent sample, it will set off alarms, such as honking the horn and flashing lights, until the driver pulls over and turns off the engine. Most ignition interlock devices will also record a log of samples, which can be used as evidence against the driver.

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!

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