Minors & DUI/DWI in Kansas and Missouri


Kansas DUI

In Kansas, it is illegal for an adult driver to operate a vehicle with a BAC (Blood Alcohol Content) level of .08% or greater. However, if you are a minor, the standard is much lower. If a minor driver is found to be operating a vehicle with a BAC of .02% or greater, he or she will be arrested for DUI. A minor in this situation is considered anyone under the age of 21.

DUI: Minors and the Law in Kansas

According to state law, a driver under the age of 21 who provides a breath sample showing a BAC of .02%-.08%, will have his license suspended for 30 days. However, if this is not the minor driver's first occurrence, the suspension will be for a period of one year.

If the minor driver submits a breath sample and the results show a BAC of greater than .08%, the penalties increase dramatically. Here, the minor driver may face:

  • Imprisonment for a minimum of 48 hours, maximum of one year;
  • A fine for a minimum of $500, maximum of $1,000;
  • License suspension for 30 days; and
  • A restricted license for 330 days after suspension is complete.

Insurance After a DUI in Kansas

The law in Kansas prohibits insurance companies from considering a minor driver's first DUI occurrence when determining rates. Further, an insurance company is not permitted to cancel a policy because of a minor driver's first occurrence.

Missouri Law

As in Kansas, an adult driver will be charged with DWI in Missouri if it is found that he has a BAC of .08% or greater. But, just like in its neighbor state, a minor driver will be charged with DWI for having a BAC of .02% or greater.

DWI: Minors and the Law in Missouri

In the state of Missouri, a minor driver charged with his first DWI will face penalties including:

  • Imprisonment for a maximum of six months;
  • A fine for as much as $500; and
  • License suspension for 30-90 days.

If this is the minor driver's second DWI offense within five years, he faces:

  • Imprisonment for a maximum of one year;
  • A fine for as much as $1,000; and
  • License suspension for as much as one year.

Missouri Insurance After a DWI

Unlike the law in Kansas, Missouri does not prohibit insurance companies from terminating or altering policies of minor drivers after a first DWI offense. Some insurance companies will drop the policy or choose not to renew after a minor has received a DWI. Others will raise monthly premiums because the driver is now considered more of a risk.

Implied Consent in Missouri

Both Kansas and Missouri follow implied consent laws. Basically, these laws require a driver to submit to a breath test when requested by an officer who has probable cause to suspect that the driver is intoxicated. A driver is considered to have consented when he received his license in the particular state.

While a minor driver may refuse to submit to a breath test in these states, there are consequences. Generally, drivers who refuse will face increased fines, jail time, and license suspension.

Contact an Attorney

If you are a minor and have been arrested for DUI/DWI in either Kansas or Missouri, speak to an experienced defense attorney as soon as possible. It is imperative to work with a skilled legal professional to ensure that your rights are protected.

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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