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How Harsh Are Kansas and Missouri Commercial Driver DUI Penalties?
Missouri and Kansas both have dire and harsh strict laws for a commercial driver when it comes to drinking and driving.
The Federal Motor Carrier Safety Administration mandates that a commercial driver’s BAC be .04 % or less. The Federal Motor Carrier Safety Regulations set this specific standard as they understand the impact and safety of commercial vehicle operations and to reduce commercial truck accidents.
These dire FMCSA regulations apply to all private owners of commercial vehicles, companies who assign drivers to commercial vehicles, and all government, church, and other organizations with vehicles on the road.
In Missouri, a first DUI offense is bad enough, but if you have a second offense, you usually are charged with a Class A misdemeanor. In this case, the court will permanently revoke your CDL.
Additionally, the DMV can order a suspension of your regular license, and you could receive up to one year in jail and more than $1,000 in fines.
If you refuse to take a breathalyzer test, you receive a three-year loss of your CDL.
Kansas has much stricter laws for commercial drivers starting from their first commercial vehicle DUI conviction. For a first-time DUI, you usually will receive a nonperson Class B misdemeanor and could face up to six months in jail. Even a first offense commonly results in a suspension of a non-commercial driver’s license for a year.
Second-offense DUI commercial penalties are significantly harsher and usually get you a Class A nonperson misdemeanor charge.
So, as a commercial driver, you must always remember that Kansas and Missouri have some of the direst consequences for a commercial DUI conviction in the nation. Therefore, if you get charged with a DUI in either state, the professional, knowledgeable advice and guidance of a highly experienced criminal DUI lawyer is mandatory.
What Are Examples of Penalties for a Commercial DUI Conviction?
As a commercial driver in Kansas (and Missouri), you are under greater scrutiny than a standard vehicle operator, and even your first commercial vehicle DUI offense, without qualified and knowledgeable professional help, can result in the following charges:
- A full 90-day suspension of your non-commercial license.
- Up to, and commonly, a one-year CDL suspension or three years if you’re transporting caustic materials.
- Possibly six months of jail time.
- Also, up to $500 or more in fines.
Additionally, if you have a second offense, you will usually face a Class A misdemeanor, and the court will usually permanently revoke your CDL license.
Additionally, depending on the circumstances, the DMV can suspend your regular license, and you will receive up to one year in jail and high fines.
If you refuse a breathalyzer test, you will immediately suffer a three-year loss of your CDL.
In Kansas, the penalties for first-time offenses are already severe enough. Still, second-offense penalties are significantly more consequential, and you usually always will be charged with a Class A nonperson misdemeanor.
A charge such as this would result in:
- A lifetime revocation of your CDL.
- Up to a year in jail with a minimum of 90 days in custody.
- Fines up to $1,750, and more depending on your case’s specifics, plus other legal costs.
- Possible loss of your non-commercial license if your BAC is over .08%
So, these are already severe charges and penalties, but there are also cases when, as a commercial driver, you can be charged with a DUI even if you are not driving your vehicle. Usually, these charges are due to you being under the influence of alcohol or other substances.
For example:
- If you are sitting in the driver’s seat of your commercial vehicle and are intoxicated.
- If you are sleeping in the front seat of a commercial vehicle and the keys are in the ignition
What Immediate and Long-Term Consequences Can I Face?
In most cases, commercial drivers who are charged with a DUI face immediate administrative penalties.
The Kansas Department of Revenue will rapidly suspend your CDL, even before you are convicted of the charge. This rapid enforcement deeply underscores the zero-tolerance policy for impaired commercial driving and the risk it imposes on other road drivers.
A DUI conviction carries severe consequences for a commercial driver and can even end your career. In addition to the legal penalties, such as fines, jail time, mandatory education, etc., the loss of your CDL is devastating to you and your loved ones.
This is why, as soon as you are charged with a DUI, you must seek professional, educated, and empathetic legal counsel so you can get ahead of your charges before your entire future is irrevocably damaged.
As a Commercial Truck Driver, Is There Anything I Can Do If I Get a DUI in Kansas?
As a commercial truck driver in Kansas, you’re probably aware that you operate under a microscope of stringent regulations and heightened expectations.
The ramifications of getting a DUI charge are incredibly severe and extend beyond the immediate legal consequences you may face, as it could be a career-ending event. Due to the gravity of the situation, there are critical steps you must take to navigate this precarious landscape.
Given your high stakes, securing experienced, pre-emotive, and highly qualified legal representation is mandatory. Your thorough and well-versed criminal DUI lawyer, specializing in DUI and CDL cases, will provide invaluable guidance from the start of your case. For example, they will navigate the complexities of administrative hearings, challenge the state’s evidence, protect your constitutional rights, and work tirelessly to develop a robust defense strategy to preserve your CDL license and livelihood.
You don’t have time, so getting the professional legal help you need must be done quickly.
I’m a Commercial Driver in Kansas and Got a DUI Charge; How Should I Proceed?
The dire and extensive criminal weight of a commercial CDL DUI conviction always means significant setbacks if you work driving on the road to earn your living. Even your first violation means a year off work and, most likely, further difficulty finding a job. Two convictions and your livelihood as you now know it may be gone.
Additionally, any less severe diversion actions available to everyday licensed drivers that avoid trials or sentencing for DUI charges are illegal for CDL holders. Simply put, there is hope for keeping your CDL license if you have professional legal representation that fights and wins your case.
The criminal defense DUI lawyers at Barnds Law LLC take enormous pride in passionately pursuing justice for commercial drivers who have been charged with a DUI. They know what this means to you and your family and have the extensive knowledge and resources to mount a solid, in-depth, and winning defense.
Call them today at 913-514-0909 for a full consultation on your case and get the top-notch, empathetic legal representation you need to get back on the road and earn a living.
