Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Sherin Mamachen
Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Kansas City is famous for its jazz history, barbecue and breweries. But, its packed streets face the urban challenge of driving under the influence (DUI) incidents. In 2022, Missouri had 4,416 alcohol-related crashes, resulting in 2,318 injuries and 109 fatalities, according to the Missouri Department of Public Safety.
If you’re facing an intoxicated driving charge, seeking legal representation is important. Here are the top ten DUI lawyers in Kansas City, as well as essential information about Missouri’s DUI laws and procedures following an arrest.
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DUI Laws in Missouri
In Missouri, the terms Driving Under the Influence (DUI) and Driving While Impaired (DWI) are both used interchangeably to describe the same offense of operating a vehicle while intoxicated.
In the following sections of this guide, we cover the laws and regulations related to DUI offenses in Missouri. We also explain the typical course of events that occur if you are arrested for a DUI and the penalties you may face.
Legal Blood Alcohol Concentration (BAC)
State law strictly prohibits operating a vehicle with a blood alcohol concentration (BAC) level of 0.08% or above. If your BAC exceeds this limit, you’re legally presumed to be driving impaired and may be facing a DUI charge. Missouri enforces an even firmer stance for specific groups:
- Commercial drivers. Holding a Commercial Driver’s License (CDL) comes with greater responsibility. For CDL holders, Missouri enforces a reduced BAC limit of 0.04%.
- Young drivers. Those under the age of 21 face the strictest regulations. Considering the legal drinking age is 21, the state tolerates almost no alcohol consumption for young drivers. Being caught with a BAC as low as 0.02 can lead to a DUI charge.
A drunk driving conviction carries a spectrum of criminal and administrative penalties. These range from fines to the potential revocation of driving privileges. Those caught with BAC levels of 0.15% or higher, or individuals with prior DUI charges, stand to face even harsher consequences.
Implied Consent Laws
If you’re pulled over under suspicion of drunk driving, the officer may ask you to undergo a blood, urine or breath test to measure your BAC level, which you’re legally mandated to agree to.
This requirement stems from Missouri’s implied consent law. The essence of this law revolves around the principle that by obtaining a driver’s license and driving on Missouri’s roads, you implicitly agree to undergo chemical testing (such as breath, blood or urine tests) if stopped by law enforcement under suspicion of drunk driving. However, the law states that the implied consent to submit to these tests is limited to two from the same traffic stop, detention, arrest, incident or charge.
Refusing to take these tests can lead to serious repercussions, such as the revocation of your driver’s license. For a first-time refusal, the revocation period is one year (known as chemical revocation), with subsequent refusals leading to even harsher penalties. However, the law also allows you to challenge the revocation. You’re entitled to request an administrative hearing within 15 days.
DUI Penalties
In Missouri, if you’re caught with a BAC level of 0.08% or higher, no other evidence is necessary for you to be charged with a DUI.
You will be charged with an aggravated DUI if your BAC level is 0.15% or higher.
The penalties you face will depend on several factors, such as your BAC level and if you’ve had any prior convictions.
Penalties for First DUI Offense in Missouri
Your first DWI offense is usually charged as a Class B Misdemeanor unless:
- the accident results in physical injury or death, or
- If a person under 17 is in the vehicle, you will be charged with a Class A misdemeanor.
| Penalty type | Standard Offense (BAC 0.08 to 0.14) | Elevated BAC of 0.15 to 2% |
|---|---|---|
|
Offense level
|
Class B Misdemeanor
|
Class B Misdemeanor
|
|
Minimum incarceration
|
Zero days
|
48 hours (up to five days if your BAC level is over 2%)
|
|
Maximum incarceration
|
Up to six months
|
Up to six months
|
|
Fines
|
Up to $1,000
|
Up to $1,000
|
|
Driver’s license suspension
|
30-day suspension + 60 days restricted driving privilege
|
90-day suspension
|
In Missouri, first-time DUI offenders typically face a driver’s license penalty that includes a 30-day suspension, followed by a 60-day Restricted Driving Privilege (RDP).
With an RDP, you can drive under specific conditions, like commuting to work, school or alcohol treatment sessions. But you must obtain high-risk vehicle insurance (SR-22) to qualify for an RDP.
However, you may be eligible for a 90-day RDP if you consent to install an Ignition Interlock Device in your vehicle, purchase high-risk vehicle insurance and complete and submit the Request for Immediate 90-Day Restricted Driving Privilege form within 15 days of receiving your suspension notice.
The consequences are more severe if you’re charged with a DUI while operating a commercial vehicle. In such cases, not only will two points be added to your Missouri driving record, but you’ll be disqualified from driving a commercial motor vehicle for one year.
Penalties for Second DUI Offense
In Missouri, penalties for a second DUI offense are more severe than for a first offense. It’s usually classified as a Misdemeanor A unless there were injuries involved, in which case your charges will be escalated to a felony.
| Penalty type | Standard Offense (BAC 0.08 to 0.14) |
|---|---|
|
Offense level
|
Class A Misdemeanor
|
|
Minimum incarceration
|
10 days
|
|
Maximum incarceration
|
Up to one year
|
|
Fines
|
Up to $2,000
|
|
Driver’s license suspension
|
One to five years
|
If you’re facing a second time DUI conviction, expect a one-year revocation of driving privileges. You won’t be eligible for an RDP during this time, but you can apply for a Limited Driving Privilege (LDP) or hardship license, which allows you to drive your vehicle under specific, pre-approved circumstances.
If you’re convicted of a second alcohol-related offense within a five-year period, you’ll face a more severe penalty—a five-year license denial.
Penalties for a Third DUI Offense in Missouri
If you are convicted of a DUI for the third time, you’ll likely be charged with a Class E felony. The same classification applies if your DUI resulted in a physical injury to another person.
Your charges can escalate to a Class D felony if you are an aggravated offender, meaning you have committed a DWI and inflicted physical injury to a law enforcement officer or emergency personnel, or you have acted with negligence that resulted in physical injury to one other person.
Here’s what the penalties will look like for a third DUI conviction:
| Penalty type | Standard Offense (BAC 0.08 to 0.14) |
|---|---|
|
Offense level
|
Class E Felony (Class D in certain aggravating circumstances)
|
|
Minimum incarceration
|
30 days
|
|
Maximum incarceration
|
Four years
|
|
Fines
|
Up to $10,000
|
|
Driver’s license suspension
|
10-year license revocation, and a minimum IID requirement for six months
|
For persistent DUI offenders in Missouri, parole or probation can only be considered after a mandatory minimum of 30 days imprisonment. If parole or probation is granted, the offender must complete at least 60 days of community service under court supervision or participate in a court-ordered treatment program.
For aggravated DUI offenders, eligibility for parole or probation is even more stringent. They must serve a minimum of 60 days imprisonment before being considered for these conditional releases.
What to Expect After a DUI Arrest
If you’re pulled over and the officer detects signs of impairment, either through conversation or your performance in sobriety tests, they have the authority to arrest you and bring you in for a chemical test at the police station.
At the station, they will document your personal information and details of the alleged offense. This is typically followed by additional chemical tests to assess your Blood Alcohol Concentration (BAC) level.
Post-arrest, you’ll receive a notice of license suspension. This means your driving privileges could be temporarily revoked. You have a brief window, usually around 15 days, to request an administrative hearing to challenge this suspension. If you don’t ask for a hearing within this timeframe, your license will generally be automatically suspended.
The next step in the legal process is the arraignment, where you’ll face formal charges and be asked for your plea. An attorney can be invaluable in protecting your rights and guiding you through the process, ensuring you don’t unintentionally make any statements that could be detrimental to your case.
How Can An Attorney Help You?
A DUI charge can severely impact your career, reputation and personal freedom, with consequences that may linger long after fulfilling your legal obligations. If you’re facing a DUI/DWI charge, hiring a lawyer is the best way to protect yourself and improve your chances of getting your case dismissed or penalties minimized.
Here are some specific ways a DUI attorney in Kansas City can benefit your case:
- Assess your case. Your attorney will evaluate the details of your case, examining the circumstances of the stop, the interrogation process and the administration of BAC testing procedures. Any deviation from standard protocol could be critical in formulating a robust defense strategy.
- Negotiate a favorable outcome. Experienced attorneys are adept at negotiating with prosecutors. This skill can translate to lesser charges, reduced sentences or even case dismissals, depending on the circumstances of your case.
- Appeal license suspension. Your attorney can represent you in the administrative hearings to overturn your license suspension. They can effectively argue how important driving is to fulfill your daily living activities and why your driving rights should be preserved.
- Handle the administrative aspects. Your attorney will manage all the paperwork, court dates and communication with various parties involved. They will ensure that nothing falls through the cracks, your case progresses smoothly and your rights are protected every step of the way.
How to Choose the Best DUI Lawyer in Kansas City
Here are some factors to consider when selecting your DUI lawyer:
- Specialization. Criminal defense is a vast field encompassing a wide range of crimes. The attorney you choose must have hands-on experience handling DUI cases. This will ensure that your attorney knows the most effective defense strategies and how to implement them.
- Success rate. Look at what kind of results the attorney has achieved in cases similar to yours. You want to specifically seek data like the number of cases dismissed, charges reduced or acquittals obtained. Pay special attention to their ability to contest evidence, such as breathalyzer and field sobriety test results.
- Administrative hearing experience. A DUI charge usually comes with the risk of license suspension, which can significantly disrupt your daily life. Choose an attorney with a solid background in representing clients at administrative hearings. Their expertise in advocating for your driving privileges and challenging administrative penalties is invaluable in preserving them.
Methodology
To come up with the best DUI lawyers in Kansas City in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Can a DWI be reduced in Missouri?
Your attorney may be able to negotiate with prosecutors for a reduced charge. But the likelihood of that hinges on several key factors—these include how strong the evidence is against you or any errors in administering BAC or field sobriety tests. You may also have better luck in reducing your charges if you are a first-time offender without a prior criminal record.
How long does DWI stay on record in Missouri?
Getting your DUI conviction expunged in Missouri is possible under specific conditions. As a first-time offender, you can request to have your drunk driving offense removed from your record after 10 years, as long as the offense did not involve operating a commercial vehicle while under the influence of alcohol.
Expungement as an option is only available for non-felony DUI convictions. If your charge is classified as a felony, such as in cases with aggravating factors or multiple offenses, the conviction is not eligible for expungement.
How do I get a DWI dismissed in Missouri?
There are various strategies your attorney can use to attempt to have your DUI charges dismissed.
These methods include:
-
- challenging the reliability and legal administration of breathalyzer or blood tests
- questioning the legality of the initial traffic stop
- pinpointing any procedural errors made during the arrest
- engaging in plea bargain negotiations with the prosecution
Given the unique nature of each DUI case, your attorney will assess your circumstances to determine and implement the defense strategy that best matches your situation.
