Kansas City Criminal Defense Lawyers
What You Should Know: Felony DUI

What You Should Know: Felony DUI

What You Should Know: Felony DUI

Driving under the influence is one of the most common criminal offenses. Each state has different laws and circumstances for when DUI is charged as a misdemeanor or felony. Make sure you understand Kansas state laws for DUI so you don’t find yourself facing severe consequences.

Misdemeanor DUI

In Kansas, you will be charged with a DUI if you have a blood alcohol content (BAC) of .08% or higher.

For first and second offense DUI, you will likely receive a misdemeanor conviction.
A first DUI offense can result in:

  • At least 48 hours in jail
  • 100 hours of community service
  • Mandatory completion of an alcohol and drug safety education program
  • A fine of up to $1,000
  • Probation
  • License suspension

A second offense will incur all of the same consequences, and some increased penalties, such as:

  • At least 90 days in jail
  • Up to $1,500 of fines
  • Longer license suspension

Even for misdemeanor charges, these consequences are already quite severe and expensive.

Felony DUI

Once you are charged with your third or fourth DUI, it becomes a felony offense.

This increases the penalties to:

  • At least 90 days in jail, potentially up to one year
  • A fine of up to $2,500
  • Mandatory use of an ignition interlock device

What is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer that is built into your vehicle. When you get into the car, you must take the breathalyzer test. If the device detects any alcohol in your system (even if it is below the legal limit), your car will not start. The device will also prompt the driver to take tests while they are driving in order to ensure they did not drink alcohol after initially starting the car.

Other reasons why a DUI may be increased to a felony offense include if:

  • DUI led to an accident resulting in severe injury or death
  • There was significant property damage
  • If your BAC was significantly over .08%
  • If there was a child in the car at the time of the offense

How Felony DUI Affects Your Life

In addition to criminal penalties, a felony DUI can impact several aspects of your everyday life.


After being convicted of felony DUI, you may face difficulties finding employment.

However, you cannot be disqualified from a job just for having a conviction. Kansas state law requires that employers must explicitly describe why your conviction would prevent you from doing the job.
If you are looking for work with ‘vulnerable populations,’ such as children or the elderly, a DUI conviction may prevent you from obtaining a job.

If you are currently employed, it is possible that a felony DUI conviction could lead to you being put on probation at your job, or even terminated. This is up to the employer’s discretion.

Professional Licenses

If convicted of felony DUI, you could lose your professional license.
This may impact careers in:

  • Medicine
  • Law
  • Finance
  • Accounting
  • Insurance

An often forgotten-about consequence of DUI is the impact it will have on your insurance rates and coverage. You may struggle to find affordable car insurance, which could prevent you from driving at all.

Not only will auto insurance be affected, but life insurance can be also. A felony DUI may signal to insurance companies that you engage in risk-taking behavior, which will lead to higher rates.

Kansas City DUI Defense

At Stein Law, LLC, we can help you fight your felony DUI charges. Looking into all details of your arrest allows us to find inconsistencies that may be grounds for dismissal.
Some questions we ask are:

  • Why did the officer stop you? Did they give a reason?
  • Did you take a field sobriety test?
  • Did you take a breathalyzer test? How many times?
  • Is there video of your arrest?

Our Kansas City criminal defense attorneys have over 25 years of experiencing winning DUI cases. Contact us today to get started on your case.


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