DUI ( Driving Under the Influence ) text in front of court legal gavel
Drunk driving is a serious crime in Kansas City, Missouri. The offense is referred to as either driving while intoxicated (DWI) or driving under the influence (DUI). According to the National Highway Traffic Safety Administration (NHTSA), 37 people die in DUI accidents every day in the U.S., and DUI caused 13,524 deaths in 2022.
Although DWI/DUI may be common in Kansas City, it is a grave offense. Anyone charged with and convicted of driving under the influence faces significant consequences. That’s why it is important that you work with a seasoned and experienced Kansas City DUI defense attorney who has a strong command of MO DUI laws and related procedures.
Missouri DUI Laws
In 2000, the U.S. Congress passed a law requiring all states to set their Blood-Alcohol Concentration (BAC) limit at 0.08% and the legal drinking age at 21 years. Since then, all states have complied.
According to MO DUI laws, one commits a DWI offense if they are operating a motor vehicle while intoxicated. A person is impaired if their ability to operate their car is affected by consumed alcohol.
You will face DUI charges in Kansas City if caught driving with a BAC above 0.08%. The BAC limit is even lower for Commercial drivers at 0.04% and young drivers (below 21 years) at 0.02%.
A DUI conviction carries a spectrum of administrative and criminal penalties. The penalties range from fines to prison sentences and the potential of revocation of driving privileges. The penalties are harshest when the BAC level is 0.15% or higher, if you are a repeat DUI offender, and if you are a commercial driver.
DUI Penalties in Kansas City, MO
First-time DUI conviction is a class B misdemeanor in Missouri. The penalty is a fine of up to $500 and up to six months in jail. A second DUI conviction within five years is a class A misdemeanor with a penalty of a mandatory minimum jail time of 48 hours, up to one year in jail, and a fine of up to $1,000.
From the third DUI conviction in your lifetime, the offense is considered a felony. In such cases, the jail time is dependent on the number of prior DUI convictions. For the third DUI conviction, the offender faces up to five years in prison and a fine of up to $5,000.
Other administrative penalties include suspension of your driver’s license and revocation of driving rights. The suspension period depends on factors such as whether you are a first-time or repeat offender. Fortunately, you can challenge the suspension by requesting an administrative hearing within 15 days. Your Kansas DUI defense lawyer can help show why you should retain your driving privileges.
Fighting DUI Charges in Kansas City
Traffic lawyers at Speedingticketkc.com can help you fight DWI charges. We are committed to representing your interests and fighting for your rights throughout the DUI hearing.
We will assess our case to determine whether the prosecution has a strong or weak case against you. This is important because it will help us prepare the best and most effective defense strategy. We can handle all DUI matters, including implied consent refusal, driving while suspended, repeat DUI, and leaving the scene among others.
Building a Solid Defense
Our Speedingticketkc.com traffic lawyer is experienced in all areas of DWI defense law. We handle felony cases resulting from alleged DWI accidents, as well as other DUI misdemeanor cases.
We aim to help you fight for your freedom and preserve your driving privileges. At the administrative hearing, the agenda is to determine whether your driver’s license should be suspended. When caught driving while under suspension, your suspension period might be increased, and you could be subject to jail time and fines. During these situations, you will need experienced legal support.
The most common type of evidence in DUI cases is your field sobriety test results. If you believe your rights or due procedures were violated while getting those results, we can help you challenge the evidence.
Kansas City DUI Cases FAQs
We have answered some of the most frequently asked questions about DUI cases in Kansas City.
Can a DWI be reduced in MO?
Your traffic attorney can negotiate with the state prosecutor for a reduced charge. However, the likelihood of that happening depends on several factors, including any errors in the administration of field sobriety tests and the strength of the evidence against you.
It is also easier to have the charge reduced if you are a first-time DUI offender with no prior criminal record.
How Long does a DUI stay on record in MO?
You can have a DUI record expunged from the record in Missouri, but only under specific conditions.
For instance, if you are a first-time offender with no prior criminal record, you can petition to have the offense removed from your record after 10 years, provided you were not driving a commercial vehicle at the time of arrest and conviction.
Expungement of DUI records is only available for misdemeanor convictions. If you were convicted of a DWI felony, the DUI will stay on your record forever. This is why it is important that you talk to DUI defense lawyers in Kansas City if you have been charged with driving under the influence.
How do I get a DUI dismissed in MO?
There are many strategies that your Kansas City traffic lawyer can use to attempt to have your DWI charges dropped. These strategies include, but are not limited to:
- Questioning the legality of the traffic stop;
- Challenging the credibility and legal administration of blood tests or breathalyzers;
- Engaging in plea bargain negotiations with the state prosecutor; and
- Pinpointing any procedure violations made during the arrest
Depending on the unique circumstances of your case, your lawyer can determine and implement the most effective defense strategy.
Talk to a Kansas City Traffic Lawyer Today
Speedingticketkc.com is a modern traffic law firm that leverages electronic processes to help you handle all basic traffic matters without leaving the comfort of your home. Our MO traffic lawyer is also available to answer all your questions and represent you in court and during administrative hearings.
Chirs Simons, a seasoned Kansas City traffic lawyer, handles your case from beginning to end and keeps you updated throughout the process through direct email and phone calls.
To book your free consultation today, call 816-398-8772 or fill out and submit this contact form.