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.
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.