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DUI/DWI Attorney in Kansas City, Missouri

According to statistics from Alcohol.org, there were 5,443 (in Kansas) and 18,386 (in Missouri) total DUI arrests, respectively, in 2017. Driving a motor vehicle while under the influence of drugs or alcohol is a serious offense in both Kansas and Missouri. An individual convicted of DWI/DUI could be facing serious punishment, including a lengthy prison sentence, massive fines, license suspension or revocation, mandated community service, and other life-altering ramifications.

If you're facing DUI charges, retaining an aggressive and highly-skilled Missouri criminal defense attorney is crucial to protect your rights. At The Alsobrook Law Firm, I have devoted my career to handling criminal cases and defending clients who have been charged with drunk driving. As your legal counsel, I can fight to protect your legal rights and determine the best defense in pursuit of a favorable outcome in your case. Using my extensive experience, I will represent you in every phase of the legal process.

My firm — The Alsobrook Law Firm — proudly serves clients in Kansas City, Missouri, and throughout the states of Kansas and Missouri.

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DUI/DWI Charges in Kansas & Missouri

Laws and charges can vary on different sides of the state line, so it’s best to have an understanding of what you may be facing.

DUI in Kansas

In Kansas, a motorist may be facing DUI charges for driving while "under the influence" of alcohol or drugs or with a blood alcohol concentration (BAC) of 0.08% or greater (Kansas Revised Statutes Section 8-1567). Under Kansas law, a person is considered to be "under the influence" if they are significantly impaired by drugs, alcohol, or a combination of drugs and alcohol.

DWI in Missouri

In Missouri, DUI is usually referred to as DWI (driving while intoxicated) or driving with excessive blood alcohol content. Under Missouri law, all motorists are prohibited from operating or being in "actual physical control" of a motor vehicle:

  • with an excessive blood alcohol concentration of 0.08% or greater

  • while in an intoxicated condition — being under the influence of any combination of alcohol or drugs

Pursuant to Missouri Revised Statute Section 577.010, "A person commits the offense of ‘driving while intoxicated’ if the person operates a motor vehicle while in an intoxicated condition."

You may be charged with a DUI offense if you are in "actual physical control" of a vehicle, which means you don't necessarily have to be actually driving in order to be charged with a DUI.

DUI Tests and Your Rights

On suspicion of drunk driving, a law enforcement officer may pull you over. You may be asked to submit to a field sobriety test and chemical test.

  • Field Sobriety Tests: Generally, a motorist is not required to submit to a field sobriety test in either Kansas or Missouri. You may refuse to partake in the test respectfully. There are no penalties for refusing a field sobriety test.

  • Chemical Test: Conversely, Kansas and Missouri both follow implied consent laws. Under "implied consent," once you have decided to drive on state roadways, you must consent to chemical testing — blood, breath, or urine test. You may likely face penalties, including license revocation and fines, for refusing a chemical test.

Possible Penalties in Kansas

In Kansas, the punishment for DUI will depend on your number of prior convictions. If convicted of DUI in Kansas, possible penalties include:

First Offense

  • Charges: Class B Misdemeanor

  • Jail Time: 48 hours to six months of imprisonment or 100 hours of community service

  • Fines: Between $750 and $1,000

  • License Suspension: 30 days license suspension

  • Ignition Interlock Device (IID): 180 days

Second Offense

  • Charges: Class A Misdemeanor

  • Jail Time: 90 days to one year of imprisonment

  • Fines: Between $1,250 and $1,750

  • License Suspension: One-year license suspension

  • Ignition Interlock Device (IID): One year

Third Offense

  • Charges: Felony DUI or Class A Misdemeanor

  • Jail Time: 90 days to one year of imprisonment

  • Fines: Between $1,750 and $2,500

  • License Suspension: One-year license suspension

  • Ignition Interlock Device (IID): Two years

Possible Penalties in Missouri

Drunk driving charges in the state of Missouri carry different criminal penalties depending on your number of prior convictions and your BAC level. If convicted of DWI in Missouri, possible penalties include:

First Offense

  • Charges: Class B Misdemeanor

  • Jail Time: Up to six months in the county jail, with a minimum of 48 hours for BAC of 0.15-0.20%, or five days for BAC in excess of 0.20%.

  • Fines: A maximum fine of $500

  • License Suspension: 30-day license suspension, followed by a 60-day restricted license

  • Ignition Interlock Device (IID): Possible as a condition of the restricted license

Second Offense

  • Charges: Class A Misdemeanor

  • Jail Time: Up to one year in the county jail

  • Fines: A maximum fine of $1,000 fine

  • Community Service: At least 30 days of community service

  • Probation: A mandatory minimum of 10 days of imprisonment before you're eligible for probation

  • License Suspension: One-year revocation

  • Ignition Interlock Device (IID): Six months minimum

Third Offense

  • Charges: Class D Felony

  • Jail Time: Up to four years in prison or one year in the county jail

  • Fines: A maximum fine of $5,000

  • Community Service: At least 60 days of community service

  • Probation: A mandatory minimum of 30 days of imprisonment before you're eligible for probation

  • License Suspension: Five-year revocation

  • Ignition Interlock Device (IID): Six months minimum

Fourth Offense

  • Charges: Class C Felony

  • Jail Time: Up to seven years in prison or one year in the county jail

  • Fines: A maximum fine of $5,000

  • Community Service: At least 60 days of community service

  • Probation: A mandatory minimum of 60 days of imprisonment before you're eligible for probation

  • License Suspension: 10-year revocation

Fifth or Subsequent Offense

  • Charges: Class B Felony

  • Jail Time: between five (5) and fifteen (15) years in prison

  • Fines: A maximum fine of $5,000 fine

  • Community Service: At least 60 days of community service

  • Probation: A mandatory minimum of 2 years imprisonment before you're eligible for probation

  • License Suspension: 10-year revocation

How a Skilled Attorney Can Help

Trying to defend yourself against drunk driving allegations without proper guidance or experienced representation can increase your possibility of receiving the maximum penalties. If convicted, you could lose your driving privileges and face severe punishment, including lengthy jail time, hefty fines, and other devastating life-altering consequences. When facing DUI charges, you need to retain a highly skilled criminal defense attorney to help protect your legal rights and build your defense.

At The Alsobrook Law Firm, I'm committed to providing aggressive and reliable representation to clients in their DUI cases. As your legal counsel, I will review every aspect of your situation, conduct a comprehensive investigation, and strategize an effective defense to maximize your chances of obtaining the best available outcome in your case. As a former prosecutor in Kansas and Missouri for over 10 years, I know the ropes and can help you navigate the criminal justice system. Using my extensive legal understanding, I will fight aggressively to protect your legal rights and your driving privileges.

DUI/DWI Attorney
Serving Kansas City, Missouri

Facing DWI charges can be scary. Don’t face them alone. Contact my firm — The Alsobrook Law Firm — for a consultation. I can offer you the experienced legal guidance and aggressive representation you need to fight your drunk driving allegations. My firm is proud to serve clients in Kansas City, Missouri, and throughout the states of Kansas and Missouri.