Kansas & Missouri DUI/DWI Law
In both Kansas and Missouri, a driver will be charged with an offense if his or her blood alcohol concentration (BAC) is found to be at .08% or greater. Kansas refers to these types of offenses as driving under the influence (DUI), while Missouri refers to them as driving while intoxicated (DWI). The two terms essentially mean the same thing and are more or less interchangeable.
Like most other states, if you are being charged with a first or second DUI/DWI offense, your potential penalties are less severe than if you are being charged with a fourth or fifth offense. No matter the charge, it is always a good idea to consult with a local and experienced DUI/DWI defense lawyer in your area after being arrested for an alcohol-related offense.
Kansas Fourth/Fifth DUI Offense
When charged with a fourth or fifth DUI in Kansas, the driver will be charged with a non-person felony. Here the driver will face a fine for $2,500 and a minimum of 90 days, maximum of one year in jail. The driver will be required to serve a minimum of 90 consecutive days in jail before being considered for parole or probation.
A driver may be eligible to serve the 90 days imprisonment through a work program (after the individual has served 72 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 72 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 has the discretion to place the individual under a house arrest program to serve the mandatory prison term of 90 days. However, the individual must first spend 72 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.
Missouri Fourth DWI Offense
A fourth DWI charge in Missouri is categorized as a Class C felony, Aggravated Offender. Here, the driver faces up to 7 years in prison (or one year in the county jail, along with a fine for as much as $5,000. With a fourth DWI conviction, the driver must spend a minimum of 60 days in prison before he or she is eligible for probation or parole.
Missouri Fifth DWI Offense
A fifth or subsequent DWI charge is considered to be a Class B felony, Chronic Offender. If convicted, the driver faces between 5 and 15 years in prison. Here, the driver must complete a term of 2 years in prison before being eligible for probation or parole.
If you have been charged with DUI/DWI in Kansas or Missouri, call the McLane Law Firm. The professionals at the McLane Law Firm will answer your questions and advise you on your best options.