Kansas DUI Law
In Kansas, there are times when you will be charged with a felony in relation to a DUI (driving under the influence) offense. Under state law, a driver will be charged with DUI when his or her BAC (blood alcohol content) is .08% or greater.
Generally, first or second DUI offense will be charged as a misdemeanor. However, both third and fourth DUI convictions will be treated as felonies.
Third DUI Offense in Kansas
Under state law, a third offense is considered to be a nonperson felony if the driver has had a prior conviction within the last ten years, not including any period of incarceration. Here, upon conviction, the penalties will include:
- Not less than 90 days, no more than one year in prison; and
- A fine between $1,750 - $2,500.
In the case of a third conviction, an individual will not be eligible for release on probation, suspension, or reduction of sentence or parole until he or she has served a minimum of 90 days' imprisonment. The 90 days' imprisonment may be served in a work release program only after the individual has served 48 consecutive hours' imprisonment. The work release program must also provide for the individual to return to confinement at the end of each day.
Fourth DUI Offense in Kansas
Under state law, a fourth offense is also considered to be a nonperson felony. If convicted, the individual will be sentenced to the following penalties:
- Not less than 90 days, no more than one year in prison; and
- A fine for $2,500.
In the case of a fourth conviction, the driver will not be eligible for release on probation, suspension or reduction of sentence or parole until the individual has served a minimum of 90 days' imprisonment. The 90 days' imprisonment may be served in a work release program only after he or she has served 72 consecutive hours' imprisonment. Again, the work release program must provide for the individual to return to confinement at the end of each work day.
Missouri DWI Law
Missouri law has outlined a handful of offenses that are charged as felonies. Similar to Kansas, a driver will be charged with DWI (driving while intoxicated) if he or she is found to have a BAC of .08% or more. While a first or second offense is typically charged as a misdemeanor, more serious offenses will be charged as felonies.
Third Offense DWI in Missouri
In Missouri, a third DWI offense is considered to be a Class D felony (“Persistent Offender”). If convicted, an individual will face:
- Up to four years in prison or one year in the county jail; and/or
- A fine for as much as $5,000.
The state of Missouri requires the individual to serve a minimum of 30 days in prison before he or she may be eligible for parole or probation. However, this may be waived if the individual participates in a DWI court program or completes 60 days of community service.
Fourth DWI Offense in Missouri
A fourth offense is considered by Missouri to be a Class C felony (“Aggravated Offender”). If convicted, the individual could face:
- Up to seven years in prison or one year in the county jail; and/or
- A fine for as much as $5,000.
Here, the individual must complete a prison term for a minimum of 60 days before he or she may become eligible for probation or parole.
Fifth DWI Offense or More in Missouri
A fifth or subsequent offense is considered to be a Class B felony (“Chronic Offender”). Here, upon conviction, an individual may face:
- A prison term for no less than five years, no more than 15 years.
In this case, the individual must complete a minimum of two years imprisonment before becoming eligible for probation or parole.
Do You Need an Attorney?
Both Kansas and Missouri have instituted strict penalties related to felony DUI/DWI charges. If you have been arrested for DUI or DWI in either of these states, call a local and experienced defense attorney who can help you through this process.
