2nd DUI/DWI Offense in Kansas or Missouri


DUI Kansas

In the state of Kansas, a driver will be arrested and charged with DUI if his BAC (Blood Alcohol Content) is found to be .08% or greater. The standard is lower for both commercial and minor drivers. A commercial driver will be arrested for DUI with a BAC of .04% or greater and a minor could be arrested with a .02% BAC or greater. A minor may also be arrested if evidence shows that the driver is incapable of operating a vehicle safely.

Kansas Penalties for 2nd DUI

while a first DUI offense leads to serious consequences, a Kansas driver faces even stiffer penalties if charged with a second DUI. Here, the driver will be charged with a Class A misdemeanor.

If convicted, the driver will be sentenced to:

  • Imprisonment for no less than 90 days, no more than one year;
  • A fine for no less than $1,250, no more than $1,750;
  • One-year driver's license suspension; and
  • Installation of an ignition interlock device for a minimum of two years after suspension is complete.

For a second DUI conviction, an individual must serve a minimum of five consecutive days of imprisonment before he can be granted probation, suspension or reduction of sentence or parole or is otherwise released.

In this case, the law states that the required five days' imprisonment term may be served in a work release program after a consecutive 48 hours' imprisonment. However, the program must require the individual to return to confinement at the end of the day.

In some cases, a house arrest program may be implemented. Here, the individual must serve a 48 consecutive hours' imprisonment term before the house arrest may begin. If house arrest is permitted, the individual must be monitored by an electronic device. The device will verify that the individual serves his sentence within the boundaries of his residence.

Refusing a Breath Test in Kansas

If a driver refuses to submit to a breath test, he will face additional penalties. On a second offense, the driver will be charged with a Class A misdemeanor. Penalties facing the driver include:

  • Jail term for no less than 90 days, no more than one year;
  • A fine for no less than $1,250, no more than $1,750; and
  • Suspension of driving privileges.

DWI Missouri

State law mandates that a driver who is found to be operating a vehicle while in an intoxicated or drugged condition will be charged with DWI. An adult driver will be charged with DWI in Missouri if he is found to have a BAC of .08% or greater. A minor driver will be charged if found to have a BAC of .02% or greater.

Penalties in Missouri for 2nd DWI

If this is your second DWI offense, you will be charged with a Class A misdemeanor. Further, you will be considered to be a “Prior Offender.” A second DWI conviction in Missouri may lead to penalties including:

  • Jail time for as much as one year;
  • Fines for as much as $1,000;
  • One year license suspension;
  • Community service of 30 days (required for probation);
  • Potential installation of an ignition interlock device; and
  • Being required to take and pass both the written and driving portions of the Missouri driving test.

Refusing to submit to a breath test will call for additional penalties. Refusal will cause your license to be suspended for one full year. If this is your second refusal, you will likely also be required to have an ignition interlock device installed in your vehicle for a period of six months after having your license reinstated.

Contact an Attorney

If you have been arrested in Kansas or Missouri and charged with DUI/DWI, it is important to work with an experienced attorney. A knowledgeable DUI/DWI defense attorney will listen to the specific facts of your case and advise you of your options.

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.

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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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