Missouri DUI law charges the offense as a DWI, driving while intoxicated, under Section 577.010. Kansas charges the same conduct as a DUI. Both states use the same 0.08 limit. After that they diverge. The name changes. So do the fine, the court and the license agency. In Missouri you may have only 15 days to act on your license, before the court case even begins.
Criminal defense is my focus at this firm, and I have taken DUI and DWI charges in both Missouri and Kansas since 2020. With a charge from Johnson County or Jackson County, the first question is which state brought it. That single fact changes the name of the offense, the fine, the license process and the paperwork.
If you were stopped last night and you are reading this today, the state on your ticket is the thing to find first. Then talk to a criminal defense lawyer in Kansas City.
The names are different, the conduct is the same
People use DUI and DWI as if they were two levels of the same thing. They are not. They are mostly just what each state chose to call it.
- Missouri charges driving while intoxicated, a DWI, under Section 577.010 of the Missouri Revised Statutes.
- Kansas charges driving under the influence, a DUI, under K.S.A. 8-1567.
So a DUI in Olathe and a DWI in Independence describe the same night. The label follows the state line, not the seriousness.
The limit is the same on both sides
| Driver | Missouri | Kansas |
|---|---|---|
| Most drivers, 21 and over | 0.08 | 0.08 |
| Commercial license (CDL) | 0.04 | 0.04 |
| Under 21 | 0.02 | 0.02 |
Two things people get wrong about that table.
You can be charged under the limit. Both states allow a charge if drink or drugs impaired your driving, whatever the number said. A low reading helps you. It does not end the case.
And the commercial number is not a typo. At 0.04 a CDL holder sits at half the ordinary limit. Under federal rule 49 CFR 383.51, a CDL holder convicted of DUI even in a personal car loses commercial driving for 1 year. A second conviction means a lifetime ban.
Missouri: what a first DWI generally carries
A first Missouri DWI with no aggravating facts is usually a class B misdemeanor. In general terms that means up to six months in county jail and a fine of up to $1,000, under Sections 558.011 and 558.002.
Most first offenders do not serve six months. That is the ceiling the statute allows, not the normal outcome.
One thing moves a first offense up a class on its own: a passenger under 17 in the vehicle. That turns it into a class A misdemeanor even with no prior record, under Section 577.010.
An SIS is not automatic on a first DWI. It needs a minimum two years of probation, under the same section. If your blood alcohol was 0.15% or higher, you also need to finish a DWI court or treatment program to get one.
Missouri escalates by prior convictions, not just years. A second DWI, with one prior within 5 years, is a class A misdemeanor: up to a year in jail and a fine up to $2,000, under Sections 558.011 and 558.002. Two or more priors on separate occasions, at any time, makes a third DWI a class E felony. Three or more priors makes it a class D felony, and four or more makes it a class C felony, all under Section 577.001 and Section 577.010. Causing physical injury or death while driving intoxicated moves the charge higher still, regardless of prior record.
Missouri runs two cases at once. One is criminal, in the circuit court, and it starts with an arraignment where you enter a plea. The other is your license, handled by the Missouri Department of Revenue. Two clocks, and the license one moves first. A first Missouri DWI conviction also adds 8 points to your driving record, on top of the license actions above, under Section 302.302. A second or later conviction adds 12.
Kansas: what a first DUI generally carries
A first Kansas DUI is also a misdemeanor, but Kansas writes a minimum into the statute where Missouri writes a maximum. Under K.S.A. 8-1567, a first conviction carries 48 hours to 6 months in jail, or 100 hours of public service if the judge allows it, and a fine of $750 to $1,000. A license suspension comes on top.
Kansas also leans harder on ignition interlock, the device that will not let the car start until you blow into it. It appears earlier in Kansas than most people expect.
Kansas escalates by conviction count too, but a step slower than Missouri. A second DUI is a class A misdemeanor: 90 days to 1 year, and a fine of $1,250 to $1,750, with at least 120 hours confinement. A third is also a misdemeanor, not a felony: 90 days to 1 year, a fine of $1,750 to $2,500, and at least 30 days confinement. Kansas does not felonize a DUI until the fourth conviction, when it becomes a severity level 6 felony. Missouri gets there sooner. Two or more priors already makes it a felony there, one full offense earlier than in Kansas. A child under 18 in the car adds its own penalty on the Kansas side too: one extra month in jail, served after any other mandatory minimum, under the same statute.
Penalties in both states change with prior offenses, a high reading, a child in the car, or an accident. The numbers above describe the plain first-offense case and nothing more.
This page is not for you if you already have a court date this week. A general guide will not fix that. Call someone. You cannot undo a missed license deadline once it passes, and that is the one that catches people.
What happens if you refuse the test
Both states use implied consent. By driving there, you have already agreed to a test if an officer has grounds to ask.
Refusing is not a way out. In Missouri a refusal generally triggers a one year license revocation. That is separate from the criminal case, and the clock to challenge it is short. Kansas treats refusal as its own violation, with its own suspension.
A high reading brings its own minimum, on top of the ordinary jail range. A BAC of 0.15% to 0.20% carries a mandatory 48 hours. Above 0.20%, the mandatory minimum is 5 days. Neither is optional, whatever the general first-offense ceiling says.
Missouri’s administrative license case runs on its own track and does not follow the criminal one. A first offense with no prior in 5 years is a 90-day suspension; a prior within that window makes it a 1-year revocation. That suspension or revocation stands even if the criminal charge is later reduced or dismissed. After 30 days, a restricted license is available with an ignition interlock device installed.
Refusal can also be used as evidence against you. It removes a number from the file, not the case. If you ask to speak with a lawyer before deciding, Missouri gives you 20 minutes to try to reach one. Keep refusing after that and it counts as a refusal anyway, under Section 577.041.
Either way you will still get a court date, a docket number and a hearing. If the case ends in probation rather than jail, the terms of that probation are negotiated, not automatic. Our guide to Missouri criminal sentencing explains the two kinds of suspended sentence.
SATOP, the part nobody mentions
Missouri makes most people with an alcohol-related driving offense finish a program first. It is the Substance Abuse Traffic Offender Program, or SATOP. You do not get your license back until it is done.
When we checked in September 2026, not one of the pages ranking for Missouri DUI law mentioned it. It costs money and it takes time. Most people find out weeks later, when they try to get their license back and cannot.
Ask about SATOP at the start. Where it fits in the process affects how long you spend without a license.
Which side of the state line were you on?
Kansas City sits on a border, and a twenty-minute drive can cross it twice.
A stop in Jackson, Clay, Platte or Cass County is a Missouri DWI. A stop in Johnson or Wyandotte County, which covers Overland Park, Olathe, Lenexa, Leawood and Kansas City, Kansas, is a Kansas DUI.
Different statute. Different name. Different court, different license agency, different paperwork. Every article we found on this subject covers one state and stops there. So the first question you will be asked is where the stop happened.
Common questions
Is a DUI the same as a DWI?
In this metro, yes in substance. Missouri charges driving while intoxicated and calls it a DWI. Kansas charges driving under the influence and calls it a DUI. The label follows the state, not the seriousness of what happened.
What is the legal limit in Missouri and Kansas?
Both states use 0.08 for drivers 21 and over. Commercial license holders are held to 0.04. Drivers under 21 are held to 0.02. You can still be charged below those numbers if drink or drugs impaired your driving.
Can I refuse the breath test?
You can physically refuse, but both states use implied consent and refusal carries its own penalty. In Missouri a refusal generally means a one year license revocation separate from the criminal case, and the window to challenge it is short. Refusal can also be used as evidence.
Will I lose my license for a first offense?
Usually you lose some driving privilege. How long, and whether you can get restricted driving, depends on the state, the reading, whether you refused, and your record. Missouri runs the license case separately. That one moves quickly.
What is SATOP?
SATOP is Missouri’s Substance Abuse Traffic Offender Program. Most people with an alcohol-related driving offense in Missouri must complete it before a license is reinstated. It has a cost and a timeline, and it is worth asking about at the start rather than discovering it later.
Does a DUI affect a commercial license?
Yes, and more than most drivers expect. A commercial driver is held to 0.04, half the ordinary limit. A CDL can also be affected by a charge you picked up in your own car. If you hold a CDL, say so immediately.
I was stopped in Overland Park. Is that Missouri or Kansas law?
Kansas. Overland Park, Olathe, Lenexa, Leawood and Kansas City, Kansas are all in Johnson or Wyandotte County, so a stop there is a Kansas DUI. A stop in Jackson, Clay, Platte or Cass County is a Missouri DWI.
What to do next
Find the state on your paperwork. Note any date on it – the license deadline usually arrives before the court date, and it is the one people miss.
Everything above describes how these laws generally work. Penalties change with the facts and the statutes are amended, so nothing here is legal advice about your case and no outcome is promised. Talk to a lawyer about your own charge before you decide anything.
Our firm has taken cases in both states since 2020, which for a border metro is the whole point. My background is here if you want to read it.
Two things you can check without taking our word for either. This firm holds BBB accreditation, A+ rating, on file since August 2021, and it is named Best Law Firm/Lawyer on the 2021 Best of Kansas City awards page.
There is no charge to talk it through. Ask us about your stop, or call 816-605-1734 and tell us which state it happened in. A lawyer, not a call center, replies within 24 hours, which matters when the license deadline can be 15 days.
