Kansas City DUI and DWI defense
Charged With DUI in Kansas City? Protect Your License and Your Record
Reviewed by R. Christopher Simons, Kansas City traffic and DWI attorney. Last updated October 2026.
Arrested for DUI in Kansas City? In Missouri the charge is called DWI (driving while intoxicated), and you have only 15 days from your arrest to protect your driver’s license. Whether you were stopped by KCPD, a suburban police department or the Missouri State Highway Patrol for drunk driving, impaired driving or a high BAC, our Kansas City DWI lawyers defend the criminal charge in Kansas City Municipal Court and in Jackson, Clay, Platte and Cass County courts, and handle your separate license hearing with the Missouri Department of Revenue. Call (816) 398-8772 for a free consultation.
15-day deadline: If your BAC was .08% or higher, you must request a DOR hearing within 15 days of receiving your Notice of Suspension/Revocation. Miss it and your license is suspended automatically, even if your criminal case is later reduced or dismissed.
What to Do After a DUI Arrest in Kansas City
- Request your DOR hearing within 15 days of receiving the Notice of Suspension/Revocation (Form 2385), or have your lawyer do it.
- Write down everything you remember: the reason for the stop, the field sobriety tests, the breath or blood test and what the officer said.
- Do not discuss the case with police, the prosecutor or on social media.
- Keep your paperwork: the ticket or summons, the 15-day temporary permit, bond papers and your court date.
- Talk to a Kansas City DWI attorney before your first court date.
DUI vs. DWI in Missouri: What’s the Difference?
Missouri law does not use the term “DUI.” Drunk or impaired driving is charged as driving while intoxicated (DWI), or as driving with an excessive blood alcohol content (BAC). People search for a “DUI lawyer,” but in Kansas City courts the charge on your ticket will usually say DWI. The legal BAC limits are:
- 0.08% for drivers 21 and over
- 0.04% for commercial drivers operating a commercial vehicle
- 0.02% for drivers under 21
You can also be charged with DWI below these limits if the officer believes you were impaired by alcohol or drugs, including marijuana and prescription medication. A BAC of .08% or more can be charged separately as excessive blood alcohol content (BAC). Under Missouri’s implied consent law, driving on public roads means you have agreed to a breath, blood or urine test.
Missouri DWI Penalties
Penalties depend on your prior record, your BAC and whether anyone was hurt. These are the maximums under Missouri law; the actual outcome depends on your case.
| Offense | Charge level | Maximum jail | Maximum fine | License |
|---|---|---|---|---|
| First DWI | Class B misdemeanor | 6 months | $1,000 | 8 points; 90-day suspension |
| Second DWI (prior offender) | Class A misdemeanor | 1 year (10 days mandatory) | $2,000 | 1-year revocation; 5-year denial if within 5 years |
| Third DWI (persistent offender) | Class E felony | 4 years (30 days mandatory) | $10,000 | 10-year denial |
A high BAC adds mandatory jail even on a first offense: 48 hours for a BAC of .15% to .20%, and 5 days for .20% or more. Many first offenders receive probation or a suspended imposition of sentence (SIS) instead of jail, and some Missouri counties run DWI treatment courts for repeat offenders. A felony DWI can also affect employment and professional licenses.
Your Two DWI Cases: Criminal Court and Your Driver’s License
Every Kansas City DWI arrest creates two separate cases, and you can win or lose them independently:
- The criminal case in municipal or circuit court decides guilt, fines, jail, probation and points.
- The administrative case with the Missouri Department of Revenue decides your license. A first BAC arrest normally means a 90-day suspension, during which you may qualify for a Restricted Driving Privilege (RDP). After a revocation you may qualify for a Limited Driving Privilege (LDP). If you had an alcohol-related conviction or suspension in the past five years, it is a one-year revocation.
- Refusing the test brings a one-year revocation, which can be challenged by petition in the circuit court of the county of arrest.
To get your license back you will usually need to complete SATOP (the Substance Awareness Traffic Offender Program), file SR-22 insurance for two years, and in some cases install an ignition interlock device. An interlock is required for repeat offenders, and for first offenders with a BAC of .15% or more or a crash causing injury or damage. Learn more about driving while suspended and how the Missouri point system works.
Common Defenses to a DWI Charge in Kansas City
Illegal traffic stop: If the officer had no legal reason to stop you, the evidence from the stop may be suppressed.
Field sobriety test problems: Tests must be given and scored correctly; medical conditions, footwear and road conditions can affect results.
Breath or blood test errors: Calibration, maintenance records, the 15-minute observation period and how samples were handled can all be challenged.
Rights violations: Problems with how you were advised of implied consent or your right to contact an attorney can affect the case.
Sobriety checkpoint problems: DWI checkpoints must follow set procedures; a checkpoint that does not can lead to suppressed evidence.
Insufficient evidence: The prosecution must prove impairment beyond a reasonable doubt.
DWI With a CDL
Commercial drivers face stricter rules. A DWI conviction disqualifies a CDL for at least one year, even if you were driving your personal vehicle, and courts cannot amend or defer a CDL holder’s conviction to keep it off the record. If you hold a CDL, call us before your first court date.
Why Choose Speeding Ticket KC for Your DWI Defense
- Local courts: we appear regularly in Kansas City Municipal Court, Independence, Lee’s Summit, Blue Springs and the Jackson, Clay, Platte and Cass County circuit courts.
- Both cases handled: we fight the criminal charge and the DOR license case together.
- Experienced attorneys: DWI defense is handled by attorneys R. Christopher Simons, Jordan Watson and Justin Hunt. Felony matters can be handled with our sister firm, KC Defense Counsel.
- Upfront pricing: you get a flat-fee quote before you commit.
- Areas we serve: Kansas City, Independence, Lee’s Summit, Blue Springs, Raytown, Gladstone, Liberty, North Kansas City, Grandview, Belton, Raymore, Parkville and Riverside.
Also see our criminal defense, traffic ticket and driving record cleanup services.
Kansas City DUI & DWI FAQs
Do I need a lawyer for a first DWI in Missouri?
Yes, in most cases. A first DWI is a criminal charge (a Class B misdemeanor) that adds 8 points to your license, can carry up to 6 months in jail, and triggers a separate license suspension through the Missouri Department of Revenue. A lawyer can fight both the criminal case and the license case, and look for problems with the stop, the field sobriety tests and the breath or blood test.
How long do I have to save my license after a DWI arrest?
15 days. If you were arrested with a BAC of .08% or more, you must request a Department of Revenue hearing within 15 days of receiving the Notice of Suspension/Revocation. If you miss that deadline, the suspension takes effect automatically, even if your criminal case is later reduced or dismissed.
Can a DWI be reduced in Missouri?
Sometimes. Depending on the evidence, your record and the court, a prosecutor may agree to amend a DWI to a lesser charge. The chances are best for first-time offenders when there are problems with the stop or the testing. Every case is different, so talk to a lawyer before your first court date.
How many points is a DWI in Missouri?
A first DWI conviction adds 8 points to your Missouri driving record, which by itself triggers a license suspension. A second intoxication-related conviction normally leads to a one-year revocation, and two convictions within five years can bring a five-year license denial.
What happens if I refused the breath test in Missouri?
Refusing a chemical test leads to a one-year license revocation under Missouri’s implied consent law, separate from the criminal DWI case. The refusal can also be used as evidence against you. You can challenge the revocation by filing a petition in the circuit court of the county where you were arrested.
How long does a DWI stay on your record in Missouri?
A DWI conviction stays on your criminal record unless it is expunged. Missouri allows expungement of a single first-offense alcohol-related driving misdemeanor after a waiting period of 10 years if you have no other alcohol-related offenses. Felony DWI convictions cannot be expunged.
How much does a DUI lawyer cost in Kansas City?
DWI attorney fees depend on whether it is a first offense, whether you refused the test and whether you also need a DOR license hearing. We give you a flat-fee quote after a free consultation, so you know the full attorney fee before you hire us.
Can you get a DUI for marijuana in Missouri?
Yes. Recreational marijuana is legal for adults 21 and over in Missouri, but driving while impaired by marijuana or any other drug, including prescription medication, is still DWI. Drug-impaired driving cases often rely on officer observations and blood tests, which can be challenged.
Will I go to jail for a first DWI in Missouri?
Usually not. A first DWI carries up to 6 months, but jail is mandatory only for a high BAC: 48 hours at .15% to .20% and 5 days at .20% or more. Many first offenders receive probation or a suspended imposition of sentence (SIS), which can keep a conviction off their record if probation is completed.
Talk to a Kansas City DWI Lawyer Today
The 15-day clock starts at your arrest. Call (816) 398-8772 or send us your case details for a free consultation with a Kansas City DWI attorney.