Driving under the influence is a serious charge in both Missouri and Kansas. While the two states share the Kansas City metro area, their DUI and DWI laws differ in important ways. Anyone arrested for impaired driving needs to understand how each state handles charges, penalties, and long-term consequences.
At the Law Office of Michael Crawford, we represent clients on both sides of the state line. Michael Crawford’s experience as a former prosecuting attorney gives him a clear view of how prosecutors build DUI cases. That insight helps our clients prepare the strongest possible defense.
This guide explains how Missouri and Kansas treat DUI charges, what penalties drivers face, and why local legal knowledge makes a difference.
The Basics: DUI vs DWI
Missouri uses the term DWI (driving while intoxicated) while Kansas uses DUI (driving under the influence). Both terms cover driving with a blood alcohol concentration (BAC) of 0.08 or higher. Both states also allow charges for driving under the influence of drugs, whether prescription or illegal.
Missouri DUI/DWI Penalties
First Offense
- Jail: Up to 6 months
- Fines: Up to $1,000
- License Suspension: 30 days, followed by 60 days of restricted driving
- Ignition Interlock Device (IID): May be required for reinstatement
A first offense is usually a misdemeanor, but it still carries real consequences. Jail is possible, even if short. A suspended license can affect employment and daily life.
Second Offense
- Jail: Up to 1 year
- Fines: Up to $2,000
- License Revocation: 1 year minimum
- IID Requirement: Often mandatory
A second offense counts as a “prior offender.” The penalties rise quickly. Judges often impose probation terms that include alcohol treatment, community service, or substance abuse monitoring.
Third Offense
- Felony DWI
- Prison: Up to 4 years
- Fines: Up to $10,000
- License Revocation: 10 years
A third DWI conviction in Missouri becomes a felony. This means not only longer potential prison time but also the long-term consequences of having a felony record.
Kansas DUI Penalties
Kansas law is strict on DUI and includes minimum jail time even for a first conviction.
First Offense
- Jail: Minimum 48 hours, up to 6 months
- Fines: $750–$1,000
- License Suspension: 30 days, followed by restricted driving for 330 days
- IID Requirement: Often required
Kansas does not allow diversion for drivers with a prior DUI. Even for a first offense, fines and fees add up quickly, and drivers face both criminal and administrative proceedings.
Second Offense
- Jail: 90 days to 1 year
- Fines: $1,250–$1,750
- License Suspension: 1 year, plus restricted driving
- IID Requirement: Mandatory
Second offenses in Kansas also include mandatory substance abuse evaluation and treatment. Courts rarely show leniency.
Third Offense
- Felony DUI if within 10 years of two prior convictions
- Prison: 90 days to 1 year (with mandatory minimum time served)
- Fines: $1,750–$2,500
- License Suspension: 1 year, plus restricted driving
- IID Requirement: Mandatory, often long-term
Kansas treats repeat offenses harshly. Felony DUI means more than a year in prison if probation is not granted, along with lasting damage to employment, housing, and civil rights.
Key Differences Between Missouri and Kansas
- Terminology
- Missouri: DWI
- Kansas: DUI
- Mandatory Jail for First Offense
- Missouri: Possible, but not required
- Kansas: At least 48 hours
- Felony Threshold
- Missouri: Third offense
- Kansas: Third offense within 10 years
- Driver’s License Consequences
- Missouri: Shorter initial suspensions, but longer revocations for repeat offenses
- Kansas: Longer restrictions, stricter IID requirements
- Zero Tolerance for Minors
- Kansas: BAC of 0.02 for drivers under 21
- Missouri: BAC of 0.02 for minors, but enforcement practices differ
Beyond the Criminal Case: Administrative License Hearings
In both states, drivers face two separate proceedings after a DUI arrest. The first is the criminal case in court. The second is the administrative process with the Department of Revenue (Missouri) or the Division of Vehicles (Kansas).
Failing to act quickly can mean an automatic license suspension, even before the criminal case is resolved. Deadlines are short. In Kansas, drivers have only 10 business days to request a hearing. In Missouri, the window is 15 days. Missing these deadlines can mean losing driving privileges without ever stepping into a courtroom.
Collateral Consequences of DUI Convictions
A DUI conviction affects more than fines and jail time. Consequences may include:
- Higher insurance rates
- Required ignition interlock installation
- Limited job opportunities, especially in fields that require driving
- Immigration issues for non-citizens
- Long-term damage to professional licenses
Judges in both states also have wide discretion to order alcohol treatment, counseling, or community service. Even when jail time is avoided, the process can remain expensive and disruptive.
Why Local Experience Matters
The Kansas City metro area crosses two states. A driver arrested on one side of State Line Road faces a very different set of laws than a driver arrested on the other. Prosecutors in both states take DUI charges seriously. The best defense strategy depends on knowing how each jurisdiction handles cases.
Michael Crawford spent years as a prosecuting attorney before becoming a defense lawyer. That background gives him insight into how prosecutors evaluate evidence such as field sobriety tests, breath tests, and traffic stops. At the Law Office of Michael Crawford, we use that knowledge to build defenses that challenge weak evidence and protect our clients’ rights.
Defending Against DUI Charges
Every DUI case is unique. Some of the most common defense strategies include:
- Challenging the traffic stop: Police need a lawful reason to pull someone over.
- Questioning test procedures: Breath and blood tests must follow strict rules.
- Examining medical conditions: Certain health issues can affect field sobriety or breath results.
- Protecting constitutional rights: Unlawful searches, improper questioning, or lack of Miranda warnings can weaken the state’s case.
Protect Your Future
DUI penalties in Missouri and Kansas may seem similar at first glance, but the differences can change the outcome of a case. From mandatory jail time in Kansas to felony charges in Missouri, the risks are high on both sides of the state line.
If you or someone you know is facing a DUI charge, the best step is to speak with an experienced defense attorney as soon as possible. The Law Office of Michael Crawford helps clients navigate both the criminal process and the license hearing deadlines. With Michael’s background as a former prosecutor, our firm provides clear guidance and strong defense when it matters most.
Contact the Law Office of Michael Crawford today to schedule a consultation and protect your future.
