Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in both Missouri and Kansas. While these terms are often used interchangeably in Missouri, Kansas law refers specifically to DUI. Regardless of the terminology, the consequences of being charged with drunk driving can be severe, impacting your driving privileges, finances, and future opportunities. If you’re facing a DUI or DWI charge, it’s essential to have an experienced attorney by your side to help you navigate the legal process and build a strong defense.
At KC DUI & Defense Counsel, our skilled DUI attorneys in Kansas City are here to provide you with aggressive representation. We understand that a DUI charge doesn’t define who you are, and we are committed to protecting your rights, minimizing penalties, and safeguarding your future. Learn more about the types of DUI cases we handle, the penalties you could face, and the defenses available to fight your charges.
Types of DUI Cases We Handle
Our law firm represents clients in a wide range of DUI and DWI cases in Kansas City and the surrounding areas. No matter the specifics of your situation, our attorneys have the experience and knowledge to help you navigate the complexities of DUI laws in both Missouri and Kansas. Some of the common DUI cases we handle include:
First-Time DUI Offenses
For many individuals, a DUI arrest is their first encounter with the criminal justice system. While the penalties for first-time offenses are typically less severe than repeat offenses, they can still result in fines, license suspension, and mandatory alcohol education programs. Our attorneys will work to reduce the impact of your first offense, aiming to keep your record clean and help you avoid harsher penalties in the future.
Repeat DUI Offenses
If you’ve been charged with DUI more than once, you’re likely facing stiffer penalties, including longer license suspensions, higher fines, and even jail time. Missouri and Kansas take repeat offenses very seriously, and the consequences can escalate quickly. Our firm has successfully represented clients with multiple DUI offenses, helping them reduce charges and limit penalties.
DUI Involving Accidents
A DUI charge involving an accident—especially one that results in injury or property damage—can drastically increase the legal ramifications you face. Prosecutors are more likely to pursue harsher penalties in these cases, and you could be facing additional criminal charges, including reckless driving or vehicular manslaughter. Our attorneys are skilled in defending clients facing DUI charges stemming from accidents and will work tirelessly to build a defense that mitigates your risk of severe penalties.
Underage DUI
Missouri and Kansas have strict zero-tolerance laws when it comes to underage drinking and driving. Individuals under the age of 21 who are caught with a blood alcohol content (BAC) of .02% or higher can face DUI charges. Underage DUI convictions can have long-lasting consequences, including college admissions issues and difficulties securing employment. Our team is dedicated to helping young drivers protect their futures and avoid the harshest penalties.
DUI Involving Drugs
While alcohol is the most common substance involved in DUI cases, driving under the influence of drugs—whether they are prescription, over-the-counter, or illegal substances—can also lead to DUI charges. Drug-related DUIs often involve additional complexities, including field sobriety tests and chemical testing for drug impairment. Our attorneys understand the nuances of these cases and are prepared to defend clients against both alcohol and drug-related DUI charges.
Penalties for a DUI In Kansas City
The penalties for a DUI or DWI in Kansas City depend on several factors, including whether it’s your first offense, whether there were any aggravating circumstances (such as an accident), and whether you’ve been convicted of a DUI before. While specific penalties vary between Missouri and Kansas, both states impose serious consequences for drunk driving convictions.
Missouri DUI Penalties
In Missouri, the penalties for a DUI conviction can include:
- Fines: First-time offenders can face fines of up to $500, while repeat offenders may be subject to much higher fines.
- License Suspension: A first DUI offense can result in a 90-day license suspension, while repeat offenders may face suspensions lasting up to one year or more.
- Jail Time: A first-time DUI conviction can lead to up to six months in jail, while subsequent offenses carry even longer sentences.
- Ignition Interlock Device (IID): Missouri law may require drivers convicted of DUI to install an IID in their vehicle, which prevents the car from starting if alcohol is detected on the driver’s breath.
Kansas DUI Penalties
Kansas DUI penalties are similarly strict and may include:
- Fines: Fines for a first-time DUI offense in Kansas range from $750 to $1,000, with higher fines for repeat offenders.
- License Suspension: First-time offenders may face a 30-day license suspension, while subsequent offenses can lead to longer suspensions.
- Jail Time: A first-time DUI conviction in Kansas can result in 48 hours to six months of jail time, with longer sentences for repeat offenders.
- IID Requirement: Kansas requires most DUI offenders to install an IID as part of their probation.
Am I Eligible For Restricted or Hardship License?
In both Missouri and Kansas, a DUI conviction can result in the suspension of your driving privileges. However, some individuals may be eligible for a restricted or hardship license, which allows limited driving privileges during the suspension period.
Missouri Restricted License
In Missouri, drivers who are facing license suspension due to a DUI may be eligible for a restricted driving privilege (RDP). An RDP allows you to drive to essential places, such as work, school, or medical appointments. However, you may be required to install an IID as a condition of receiving this restricted license.
Kansas Restricted License
In Kansas, drivers convicted of DUI may also apply for a restricted driver’s license, which permits limited driving for essential activities. The eligibility criteria for a restricted license vary based on the number of prior DUI convictions, the specifics of the offense, and whether you’ve complied with the court’s requirements.
Can I Refuse A Breathalyzer Test?
Refusing to take a breathalyzer test when pulled over on suspicion of DUI can have serious legal consequences in both Missouri and Kansas. Both states have implied consent laws, meaning that by operating a vehicle, you automatically consent to chemical testing if law enforcement suspects you of driving under the influence.
Refusing a Breathalyzer in Missouri
In Missouri, refusing to take a breathalyzer test can result in an automatic one-year license revocation. While you have the right to refuse the test, doing so will likely lead to harsher penalties, and the refusal can be used as evidence against you in court.
Refusing a Breathalyzer in Kansas
Kansas imposes similarly severe penalties for refusing a breathalyzer test. Refusal to submit to a chemical test can result in a one-year license suspension, and your refusal may be used as evidence in your DUI case. Additionally, you may face administrative penalties from the Department of Revenue, which can complicate your case.
Defenses For DUI Charges
While DUI charges can be daunting, there are several legal defenses that can be used to challenge the validity of the charges and reduce or dismiss the penalties. Some common DUI defense strategies include:
- Challenging the Traffic Stop: If law enforcement did not have reasonable suspicion to pull you over, any evidence gathered during the stop may be inadmissible in court.
- Questioning the Breathalyzer Results: Breathalyzer machines are not infallible. Issues such as improper calibration or operator error can lead to inaccurate readings, which may be challenged in court.
- Field Sobriety Test Issues: Field sobriety tests are subjective and prone to human error. Poor weather conditions, uneven surfaces, or health issues unrelated to alcohol can cause someone to perform poorly, even if they are not intoxicated.
- Rising Blood Alcohol Defense: This defense argues that your BAC was below the legal limit while driving, but rose above the limit by the time the test was administered, due to alcohol absorption rates.
Why Choose KC DUI & Defense Counsel
When facing a DUI charge, you need a skilled and experienced attorney on your side. At KC DUI & Defense Counsel, we are committed to providing top-notch legal representation to individuals in Kansas City and the surrounding areas. Our team of dedicated DUI lawyers will work tirelessly to protect your rights, build a solid defense, and guide you through the legal process with confidence.
We understand how overwhelming a DUI charge can be, but you don’t have to face it alone. Contact us today for a free consultation, and let us fight to protect your future.
