1st DUI/DWI Offense in Kansas or Missouri


DUI Kansas

It is illegal in the state of Kansas to drive a vehicle while under the influence of alcohol and/or drugs. If you are stopped by Kansas law enforcement, you will be arrested for DUI if your BAC (Blood Alcohol Content) is .08% or greater.

However, if you are a commercial driver or a minor, the standard is lower. A commercial driver will be charged with DUI if found to have a BAC of .04% or greater and a minor could be arrested with a .02% BAC or greater or if the evidence suggests the driver is incapable of safely operating a vehicle.

What are the Penalties for DUI in Kansas?

According to revised Kansas state law (2023), a first offense DUI is considered a Class B nonperson misdemeanor. If convicted, you will face the following penalties:

  • Sentencing range of no jail time (new in 2023) up to six months' imprisonment or 100 hours of public service; and
  • A fine between $750 and $1,000.

Also, as of June 2023, you are no longer required to serve 48 hours' imprisonment on a conviction for DUI-1st.   You will be placed on supervised probation for one full year and required to submit to random Urine testing for alcohol and drugs.  Removing the 48 hours in custody certainly reduces the stress level for anyone but especially those with younger kids.   

Refusing a Breath Test

Kansas no longer charges separately for a test refusal after several cases went before the Kansas Supreme Court.  A driver has the right to withdraw his or her "implied consent" to testing.  Of course, there are heavy consequences to the drivers license for a test refusal, but no criminal penalties attach after recent changes to the law.  

DWI Missouri

Like Kansas, Missouri also has strict laws related to DUI. Notice that in Missouri, the offense is called DWI (Driving While Intoxicated), rather than DUI.

In Missouri, you will be charged with DWI if you are found to be operating a vehicle while in an intoxicated or drugged condition. Similar to Kansas, if you are found with a BAC of .08% or higher as an adult or .02% or higher as a minor, you will be charged with DWI.

Penalties in Missouri for DWI

A first offense DWI in Missouri is considered a Class B misdemeanor. If charged with this offense, you will face penalties including:

  • Up to six months in the county jail; and/or
  • A $500 fine.
  • Note there is no mandatory jail time on a DWI-first offense.  

You will likely face driver's license suspension as well. Generally, you will be sentenced to a 30-day license suspension with a 60-day restricted driving period following the suspension. Take note that if you are under the age of 21, your license will be suspended for 90 days. Further, Missouri law requires all individuals convicted of DWI to complete the Missouri Substance Abuse Traffic Offender Program (SATOP) before having their licenses reinstated.

In Missouri, you will also receive license suspension for refusing to submit to a breath test. Missouri law states that any driver who refuses to submit to a breath test will have his or her license revoked for one full year.  The driver has the right to contest the suspension but a civil action must be filed in the county where the arrest occurred.  

Do You Need an Attorney?

There are many laws relating to DUI/DWI in both Kansas and Missouri. Penalties and fines will vary depending on the severity of the offense and whether you have been previously convicted.

If you have been arrested for DUI/DWI in Kansas or Missouri, it is important to work with an experienced defense attorney who understands the laws and will help you to achieve the best possible outcome in your case. You deserve to have a strong advocate fighting for you!

McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

Contact Us Today!

Mr. McLane´s clients benefit from his experience and reputation of being a respected, professional attorney with a strong work ethic who is committed to successfully resolving every client´s legal challenges in a Timely and Professional manner.

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