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Commercial Driver License Holders and DUI/DWI in Kansas vs. Missouri

Anyone in Missouri or Kansas that has a commercial driver’s license (CDL) and receives a DUI/DWI charge faces severe consequences if they are convicted. That’s because both states have stricter laws for professional drivers who operate a truck, taxi, or another commercial vehicle. In some cases, the individual may even lose their CDL – even if they weren’t operating the commercial vehicle during the arrest.

BAC Considerations

According to both Missouri and Kansas laws, individuals are considered intoxicated if they are driving with a BAC of 0.08 percent or higher. However, as mentioned above, laws for commercial drivers are stricter.

CDL drivers are considered intoxicated if they have a BAC of 0.04 percent or more. This is equivalent to approximately eight ounces of beer or a single ounce of liquor being consumed in an hour for someone who weighs 200 pounds.

First Offense DUI/DWI Charges

In Kansas, if you are caught operating a commercial vehicle with a BAC of over 0.04 percent, you will be charged with a class B nonperson misdemeanor. This charge carries a sentence of 48 hours to six months behind bars. Also, your CDL will be suspended for one year.

In Missouri, the penalties are slightly different. First-time offenders will face license suspension of 90 days and have their CDL license suspended for one year. If the driver was transporting hazardous materials when pulled over and charged, they will lose their commercial driving privileges for three years.

Second Offense Charges

If a CDL holder is convicted of a second DUI charge, they are going to face a Class A, nonperson misdemeanor. With this, they will face 90 days to one year in jail, along with fines ranging between $1,250 and $1,750, along with court costs.

The second conviction also results in their CDL license being suspended for life. In fact, the CDL is revoked for life if a traditional DUI is received in a non-commercial vehicle.

In Missouri, similar consequences are in place. A second conviction results in the CDL driver having their license revoked for life.

It’s important to note, while there are slight differences in Kansas and Missouri law, it’s clear lawmakers in both states take DUI/DWI cases seriously, and therefore these actions should be avoided by drivers at all costs.

Are You Facing DUI/DWI Charge in Kansas or Missouri? Hire an Attorney

If you are facing DUI/DWI charges in Kansas or Missouri and you have a CDL license, you are at a real risk of losing your ability to earn a living. The best way to fight this charge is by hiring an attorney to help with your case.

A lawyer can review the facts of your situation, make suggestions, and take on the other party to help reduce the consequences you face and minimize the penalties imposed. While there are no guarantees in these cases, having an attorney fighting on your side is one of the best ways to avoid the most serious fines and penalties.

If you are facing DUI/DWI charges in Kansas or Missouri, contact Kitchin Law Firm today.

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