Kansas DUI Law
In the state of Kansas, a driver will be charged with DUI (driving under the influence) if he or she is found to have a BAC (blood alcohol content) of .08% or more. In most cases, a first or second offense will be treated as a misdemeanor. In the case that this is the driver's third offense, the charge becomes more severe and the penalties more harsh.
Third DUI Offense in Kansas
A third DUI offense in Kansas could be considered a misdemeanor or felony, depending on the circumstances.
Misdemeanor: In some cases, it will be considered a class A, nonperson misdemeanor. Here the driver will face between 90 days and one year imprisonment and fine for an amount between $1,750 and $2,500.
If convicted, the individual cannot be eligible for release on probation, suspension, or reduction of sentence or parole until he or she has served a minimum of 90 days in prison. In this case, the 90 days imprisonment may be served through a work program (after the individual has served 48 consecutive hours' imprisonment). The work program must have the person return to confinement at the end of each work day.
If the individual is placed in a work release program, he or she must serve a minimum of 2,160 hours of confinement. This hour requirement must include a period of at least 48 consecutive hours of imprisonment and followed by confinement hours at the end of and continuing to the beginning of the individual's work day.
The court may instead place the individual under a house arrest program to serve the mandatory prison term of 90 days. However, the individual must first spend 48 consecutive hours in prison. If placed under house arrest, the individual must wear an electronic monitoring device. The individual must spend a minimum of 2,160 hours of confinement within the boundaries of his or her residence.
Felony: A third offense will be considered a nonperson felony if the individual has had a prior conviction within the preceding 10 years, not including any period of incarceration. The penalties related to prison time and fines remain the same as the third offense misdemeanor charge. Further, the guidelines related to work release programs and house arrest are also the same for the felony charge.
Missouri DWI Law
In Missouri, a driver will be charged with DWI (driving while intoxicated) if he or she is found to be operating a vehicle with a BAC of .08% or more. Just as with Kansas, first and second offense DWIs are generally treated as misdemeanors, but a third offense will be charged as a felony in Missouri.
A Third DWI Offense in Missouri
In Missouri, a third DWI offense is considered to be a Class D Felony, “Persistent Offender.” If convicted, the individual will be sentenced to up to four years in prison or one year in the county jail. The individual will also be fined for as much as $5,000.
The individual must complete a minimum of 30 days imprisonment before being eligible for probation or parole unless a term of probation or parole says otherwise. Such a condition may be related to a DWI court program of the completion of 60 days of community service.
The term, “Persistent Offender,” is meant to refer to an individual who has a minimum of two prior pleas of guilty or findings of guilt for DWI related offenses, or one plea or finding of guilty to a prior felony DWI related offense. Two prior DWI related offenses, regardless of when the individual was convicted, can be used to enhance the charge to a felony.
Contact an Attorney
If you are facing a third DUI/DWI conviction, contact an experienced defense attorney as soon as possible. This is a serious charge and it is in your best interest to work with a local professional.
