A DUI (Driving Under the Influence) charge becomes a felony when aggravating factors are present during the arrest or with a history of prior offenses. These factors can vary slightly between Kansas and Missouri, but generally include:
- Serious Bodily Injury: If your DUI caused serious injury or death to another person, the charge will likely be a felony. The severity of the injuries and the extent of the damage caused will significantly impact the charges filed against you.
- Multiple DUI Offenses: Prior DUI convictions within a specific timeframe (typically 5-10 years) can elevate a current DUI charge to a felony. Repeat offenders are seen as a greater risk to public safety, and the legal system often imposes harsher penalties on them.
- Child Endangerment: Driving under the influence while a child is in the vehicle can be a felony offense. This offense is treated with extreme seriousness due to the potential harm to innocent children. Prosecutors will vigorously pursue these cases, and the penalties can be severe.
- High Blood Alcohol Content (BAC): In some cases, having a BAC exceeding a certain threshold (often .15 or .18) can be considered a felony DUI. Extremely high BAC levels indicate a significant impairment and a heightened risk of causing accidents and injuries. These cases are often prioritized by law enforcement and prosecutors.
What Makes a DUI a Felony?
There are several factors that can elevate a DUI to a felony charge in Kansas and Missouri:
Prior DUI Convictions: Having previous DUI convictions within a specific timeframe can trigger a felony charge. This time frame varies slightly between states:
- Kansas: A third DUI offense within 10 years is typically considered a felony. This indicates a pattern of reckless behavior and a disregard for public safety.
- Missouri: A fourth DUI offense within 10 years usually qualifies as a felony. This reflects an ongoing problem with alcohol abuse and a continued risk to the community.
Serious Bodily Injury: If a DUI accident results in serious injury or death to another person, the DUI charge will likely be a felony. The severity of the injuries and the extent of the damage caused will significantly impact the charges filed against you. Prosecutors often view these cases with the utmost seriousness, and the potential penalties can be substantial.
Child Endangerment: Driving under the influence while a child under a certain age (14 in Missouri, 16 in Kansas) is present in the vehicle can lead to a felony DUI charge. This offense is treated with extreme seriousness due to the potential harm to innocent children. Prosecutors will vigorously pursue these cases, and the penalties can be severe.
Penalties for Felony DUI
The specific penalties associated with a felony DUI conviction depend on the state and the specific circumstances of your case. Here's a general breakdown:
Penalties for Felony DUI in Kansas
- Prison Time: Up to 7 years in prison
- Fines: Up to $2,500
- Driver's License Suspension: Minimum of one year, with potential for extended suspension
- Ignition Interlock Device (IID): Required for a period after license reinstatement
- Probation: Possible
- Community Service: Possible
Penalties of Felony DUI in Missouri
- Prison Time: Up to four years in prison
- Fines: Up to $10,000
- Driver's License Suspension: Minimum of one year, with potential for extended suspension
- IID: Required for a period after license reinstatement
- Probation: Possible
- Community Service: Possible
Can I Refuse a Breath Test During Arrest?
In both Kansas and Missouri, you have the right to refuse a breath test. However, there are consequences for doing so. Refusal can lead to an automatic driver's license suspension for a specific period. Additionally, it can be used as evidence against you in court. It's crucial to discuss the pros and cons of refusing a breath test with your attorney, who can advise you based on the specifics of your case. Your attorney can help you weigh the potential risks and benefits of refusal and determine the best course of action.
How a Felony DUI Attorney Can Help
A felony DUI conviction can significantly impact your life, affecting your employment, housing opportunities, and future prospects. An experienced Kansas City felony DUI lawyer can help by:
- Investigating the circumstances of your arrest: A thorough investigation is crucial to identify potential weaknesses in the prosecution's case.
- Challenging the evidence: Your attorney will analyze the field sobriety tests, breathalyzer results, and any other evidence used against you.
- Negotiating with the prosecutor: Your attorney might be able to negotiate a plea deal that reduces the charges or sentence.
- Representing you in court: If your case goes to trial, our experienced trial lawyers are prepared to represent you effectively in court if necessary.
Key Evidence for Building a Strong Felony DUI Defense
- Faulty Field Sobriety Tests: These tests are not foolproof and can be affected by various factors.
- Improper Breathalyzer Administration: Improper maintenance or calibration of the breathalyzer can lead to inaccurate results.
- Improper Blood Test Collection or Storage: Mistakes during blood test procedures can render the results inadmissible in court.
- Witness Statements: Witnesses who can provide a contradictory account of your driving ability can be valuable evidence.
Potential Consequences of Felony DUI Convictions
Beyond the immediate penalties, a felony DUI conviction can have lasting consequences:
- Employment: Many employers conduct background checks, and a felony DUI conviction could limit your job opportunities.
- Housing: Finding housing can be challenging with a felony DUI on your record.
- Professional Licenses: Depending on your profession, a felony DUI could jeopardize your ability to obtain or maintain a professional license.
- Future DUI Offenses: Even a first-time DUI after a felony conviction can result in even harsher penalties.
Get in Touch with a Kansas City Felony DUI Lawyer
Facing a felony DUI charge in Kansas City can be frightening, but you don't have to face it alone. At KC Defense Attorneys, we're committed to providing aggressive and effective legal representation to protect your rights and future. Our experienced attorneys will fight for you every step of the way, from the initial arrest to the final verdict. Don't risk your freedom and future. Contact us today for a free consultation to discuss your case and learn more about your legal options. We'll work tirelessly to achieve the best possible outcome for you.
