KANSAS CITY FIRST-TIME DUI ATTORNEY
Penalties and Defenses for a First Conviction
If you have been arrested for DUI and have no prior record, you face serious penalties which can cause major disruptions in your life. Law enforcement has no tolerance for drunk drivers and is cracking down to make sure that anyone caught the first time receives sufficient punishment to prevent subsequent DUIs.
A first conviction for DUI will:
- Add a Class B misdemeanor to your criminal record
- Cost you between $500 and $1,000 in fines
- And send you to jail for up to 6 months
In addition, you will lose your driver's license for a period of at least 30 days and up to 1 year. When you do have your license reinstated, you may be required to install an ignition interlock system in your car to prevent you from driving drunk again. Finally, you will be subject to a mandatory alcohol evaluation and counseling or treatment.
Contact an experienced DWI attorney at our firm for legal representation today if you have been arrested for a first-time DUI in Kansas City.
How Likely is Jail Time for a First DUI in Missouri?
The likelihood of jail time for a first DUI offense in Missouri can depend on several factors, including the specific circumstances of the case and any aggravating factors present. However, it's important to note that Missouri law provides a range of potential penalties for DUI offenses, and judges have some discretion in determining the appropriate sentence.
The penalties can vary for a first-time DUI offense in Missouri, but incarceration is a possibility. Generally, the maximum jail time for a first DUI offense is up to six months. However, judges may consider alternative sentencing options, such as probation, community service, or alcohol education programs, depending on the circumstances and the defendant's criminal history.
Factors that can influence the likelihood of jail time include the blood alcohol concentration (BAC) level at the time of arrest, any previous DUI convictions, whether there was property damage or injury involved, and whether there were minors in the vehicle at the time of the offense.
How a Kansas City First-Time DUI Attorney Can Help
Whether you receive the heaviest penalties or are able to have the charges reduced or dropped altogether depends in large measure on hiring an aggressive Kansas City DUI attorney to represent you in court. Your DUI sentencing can be influenced by many factors, such as the ability of your attorney to persuade the judge that you would respond well to a diversion.
Attorney Steve Schanker is very familiar with how to successfully challenge the evidence, including taking action for you in unlawful police stops and field sobriety test errors.
Can You Get a Diversion for a DUI in Kansas?
In Kansas, you can get a diversion for your first DUI. Diversion is a program in which the defendant admits that they're guilty and agrees to be supervised for a year and fulfill numerous conditions.
If the diversion goes well, the prosecutor will drop the case against you at the end of the year period. After passing the diversion, you will not be found guilty of the DUI and a conviction will not show on your record.
Your driving record will show that you were charged with a DUI and that you completed the diversion program. If you are ever charged with another DUI, the diversion will be treated as a prior conviction and your new DUI will be treated as a second offense. It is up to the prosecutor to offer you the diversion program or not.
What Are the Expungement Laws for a First-Time DUI?
The Kansas Legislature has reduced the waiting period for the expungement of a first-time DUI charge from 10 years to 5 years. If you are convicted of a first-time DUI, my firm offers you assistance getting your charge expunged.
First Offense
For the first offense in Kansas, you will need to wait for 5 years after the completion of a diversion or probation period.
Second Offense
For a second offense, you will need to wait 10 years after completion of a diversion or probation period. In Missouri, an expungement is only available for a first-time offense and a first-time offender will need to wait 10 years after the completion of a probation or jail sentence, whichever is later.
Need a Lawyer For a First-Time DUI/DWI in Kansas City?
Attorney Steve Schanker has defended numerous clients on DUI or DWI charges in the Kansas City area and he is ready to meet with you one-on-one to determine the best strategy for your case. He is licensed in Kansas and Missouri and is very familiar with the DWI/DUI laws of both.
Whether you want to fight the charges in court or if you want to reduce the damage by seeking a plea bargain, he will advise you about every course of action available that could help you avoid the consequences of a guilty verdict.
Contact a Kansas City DUI attorney with a winning record to help you fight a first time DUI charge.
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