Have you been arrested or charged with a criminal offense or DUI in Kansas City? An arrest for Driving Under the Influence (DUI) or other criminal allegations can have detrimental effects on your life and potentially lead to long-term repercussions.

While every DUI and criminal charge follows a standard process, each case is unique due to its specific circumstances and the individual needs of each client. At KC Defense Counsel, we leverage our extensive experience in DUI case litigation to secure the best possible outcome for you—whether that means having the charges dismissed, negotiating a plea deal, or representing you in a trial before a judge.

Elements of a DUI Offense in Kansas City

Driving under the influence of alcohol or other drugs is the leading cause of traffic accidents and fatalities in Missouri. Consequently, individuals who jeopardize public safety and their own safety by driving while impaired face arrest and prosecution under MO criminal law.

The law states that anyone operating or controlling a motor vehicle while under the influence of drugs, alcohol, controlled substances, or any combination thereof must be held accountable.

Prosecution for this offense typically relies on the results of chemical tests conducted on the suspect’s breath, blood, urine, or saliva. These tests determine the concentration of alcohol or drugs in the driver’s system. If the test reveals a blood alcohol content (BAC) of 0.08% or higher, the driver may be charged with DUI or Driving While Intoxicated (DWI). The BAC threshold is even lower for minors (0.02%) and commercial drivers (0.04%).

DUI Charges Under Missouri Laws

A DUI charge is a serious matter, primarily because it involves public safety. Missouri’s DWI laws impose various penalties for such offenses, ranging from fines to imprisonment and suspension of driving privileges.

The specific penalty or sentence a DUI offender might face depends on several factors, including whether anyone was injured due to impaired driving, the individual’s criminal record, and any previous convictions for similar offenses.

While many DUIs—especially first-time offenses—are prosecuted as misdemeanors, certain circumstances can lead to DUI felony charges. When felony charges are involved, it is crucial to recognize their serious nature and the profound consequences they can bring.

Regardless of the particular sentence, a DUI conviction is severe and should be avoided whenever possible. Such a conviction will appear on your record and can surface during background checks, potentially limiting future opportunities.

If you or a loved one has recently been arrested and charged with a DUI or related offense, it is essential to understand the specifics of the charges, the potential penalties, and how an experienced DUI lawyer can help you navigate the legal process.

DUI Felony Charges in KC

According to Missouri Revised Statutes 577.010, a felony DUI is typically charged when you have at least two prior intoxication-related convictions. Missouri categorizes felony DWIs into several classes, with Class E being the least severe and Class A being the most severe.

Class E Felony DUI

You can be charged with a Class E felony in Kansas City if:

You are classified as a persistent offender; or
You operated a vehicle while intoxicated and, through criminal negligence, caused physical injury to another person.

A persistent offender is defined as someone who has been convicted of at least two prior intoxication-related traffic offenses, regardless of the timing of those offenses.

A Class E felony DUI can result in a prison term of up to four years or one year in jail, with a potential fine of up to $10,000.

Class D Felony DUI

Your offense will be charged as a Class D felony in MO if the circumstances surrounding your case meet the following conditions:

You are deemed an aggravated offender; or
While driving under the influence, you acted with criminal negligence, causing physical injury to an emergency personnel or law enforcement officer; or
While driving under the influence, you acted with criminal negligence, resulting in serious physical injury to another person.

An aggravated DUI offender is defined as someone who has been convicted of three or more intoxication-related traffic offenses on separate occasions, or two or more such offenses on separate occasions where at least one offense involved a violation of county or municipal ordinance, state law, military regulations, or federal law, during which you were operating a vehicle while intoxicated and caused injury or death to another person.

A Class D felony DUI can result in a prison term of up to seven years, or one year in jail and a fine of up to $10,000.

Class C Felony DUI

You stand to face Class C felony DUI charges in MO if:

You are considered a chronic offender; or
While driving under the influence, you acted with criminal negligence, causing severe physical injury to an emergency personnel or law enforcement officer; or
While driving under the influence, you acted with criminal negligence, resulting in the death of another person.

A chronic offender is defined as:

(a) An individual who has been convicted of four or more intoxication-related traffic offenses; or

(b) An individual who has been convicted of any combination of the following on two or more separate occasions:

involuntary manslaughter under subdivisions (2) or (3) of subsection 1 of RSMo section 565.024;
second-degree murder under RSMo section 565.021, where the underlying felony is an intoxication-related traffic offense; or
second-degree assault under subdivision (4) of subsection 1 of RSMo section 565.052.

A Class C felony entails a prison term of three to ten years, with the possibility of a fine of up to $10,000.

Class B Felony DUI

You will be charged with a Class B felony DUI if your case meets the following conditions:

You are classified as a habitual offender; or
While driving under the influence, you acted with criminal negligence, causing the death of a law enforcement officer or emergency personnel.

A habitual offender is defined as someone who has been convicted of:

(a) Five or more intoxication-related traffic offenses on separate occasions; or

(b) Four or more intoxication-related traffic offenses on separate occasions, with at least one offense involving a violation of a county or municipal ordinance, state law, military regulations, or federal law, during which you were driving while intoxicated and caused injury or death to another person; or

(c) Three or more intoxication-related traffic offenses on separate occasions, with at least two offenses involving a violation of a county or municipal ordinance, state law, military regulations, or federal law, during which you were driving while intoxicated and caused injury or death to another person.

A Class B felony is punishable by a prison term of five to fifteen years.

Class A Felony DUI

In Missouri, a Class A felony is charged under the following circumstances:

You are a habitual offender; and
You cause the death of someone outside your vehicle; or
You cause the deaths of two or more people; or
You had a blood alcohol concentration (BAC) of 0.18 or higher when causing the death of any person in a traffic accident.

A Class A felony carries a sentence ranging from ten to thirty years or life imprisonment.

Talk to a KC Felony DUI Lawyer Today

Navigating the intricacies of felony DWI charges demands expert legal representation, which can greatly impact the outcome of your case. In Kansas City, Missouri, where DWI offenses can escalate to felonies due to prior violations or aggravating factors, selecting an experienced attorney is essential.

A competent lawyer at KC Defence Counsel will scrutinize the prosecution’s evidence, potentially challenging the validity of blood alcohol content (BAC) tests or questioning the legality of the traffic stop. We can also increase the likelihood of securing a favorable plea agreement.

To book your free consultation with a seasoned KC felony DUI attorney, call KC Defense Counsel at 816-287-3787 or submit this contact form.

Felony DUI Lawyer in Kansas City