Kansas City Criminal Defense Lawyers
How Do DUIs and DWIs Differ in Kansas City?

How Do DUIs and DWIs Differ in Kansas City?

Kansas City is one of the biggest cities in both Kansas and Missouri. Since it's shared between the two states, it also has two police departments to serve over it. This means that depending on which side of Kansas City you are on, different penalties for drinking and driving are in play.

As a national standard, the blood alcohol content (BAC) of someone over the age of 21 has to be under 0.08% to be considered within the legal limit. If pulled over, you can face serious consequences in each state. Keep reading to learn how these charges differ, and how an experienced DWI attorney can help.

The Kansas DUI

If you're even thinking of going near a car while under the influence of drugs or alcohol, don't even try it. Kansas is one of the few states in which someone can be charged with a DUI without even driving at all. The state law includes the attempt to operate a vehicle, and motorists can face the same penalties as those pulled over:

  • First Offense: 48 hours to six months in jail, up to $1000 fine, 30-day license suspension, and 180 days with an Ignition Interlock Device (IID)

  • Second Offense: 5 days to 12 months in jail, up to $1,750 fine, one-year license suspension, one year with IID

  • Third Offense: 90 days to one year in jail, up to $2,500 fine, one-year license suspension, and two years with IID

Depending on the BAC at the time of arrest, the length of time with an IID can be expanded. Kansas is also an implied consent state, which means that a blood or breath test is required for conviction. If the driver does not comply, they could face a one-year license suspension and an IID for two to four years.

The Missouri DWI

Unlike Kansas, Missouri opts to use the phrase Driving While Intoxicated (DWI) to define the law surrounding driving under the influence. Although this phrase is thought to only pertain to alcohol, the legal definition used in the state expands to cover an "intoxicated state," including drugs.

Missouri also differs in the severity of penalties given to someone charged with the crime:

  • First Offense: up to six months in jail, up to $1,000 fine, 30-day license suspension, or 90-day restriction

  • Second Offense: up to one year in jail, up to $2,000 fine, five-year license revocation, and six months minimum with an Ignition Interlock Device (IID)

  • Third Offense: up to four years in jail, up to $10,000 fine, 10-year license revocation, and six months minimum with IID

Like Kansas, Missouri supports implied consent laws, making it a requirement to submit to a test to determine the intoxication level, including blood, breath, or urine. Not doing so could result in your license being revoked for up to a year or an IID installed.

Charged with a DUI? Call (913) 583-0465

Being convicted of a DUI in either Kansas or Missouri can negatively impact the rest of your life. Our attorneys are licensed in both states so that we can protect your rights all over Kansas City. If you have been charged with a crime and need legal counsel, call (913) 583-0465.
Categories:

Contact Us Today

All Consultations are Free and Confidential
    • Please enter your name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.