Does My Out of State or Missouri DUI Count in Kansas?
Kansas Counts All DUI or DWI Convictions From Other States, Including Missouri, That Were Adjudicated On or After July 1, 2001. However, DUI Laws Vary and Not All DUI and DWI Convictions Will Count.
Prior DUI Convictions From Other Jurisdictions Can and Should Be Carefully Examined and Challenged By Your DUI Lawyer.
Kansas DUI Laws increase potential penalties for second, third, and subsequent DUI charges. However, DUI laws are different from State to State and the definitions of the elements of what makes up a DUI offense can vary from State to State. When looking at the potential
impact that a prior Out-of-State DUI conviction might have on your current DUI charge in Kansas it is critical for your attorney to look at not only the date you entered your plea, but specifically what State statute or Municipal code was in effect in that State or City at the time of the plea
to that prior DUI and challenge whether or not it will be ultimately admissible in the Kansas Court where you are currently charged with DUI.
In State v. Stanley, Kansas Court of Appeals No. 112,828, the Kansas Court of Appeals held that a Missouri DUI conviction could not be counted in Kansas to enhance a Kansas Misdemeanor DUI charge to a Felony DUI charge.
The Court compared the Kansas and Missouri laws prohibiting Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) and concluded that the defendant could have been convicted in Missouri for conduct that
would not have lead to a conviction for DUI in Kansas. The Court reasoned that because the Missouri DUI law was broader in that it made illegal to operate a vehicle while intoxicated to a degree in "any manner that impairs the ability of a person to operate a vehicle", while in
comparison the Kansas DUI statute makes it illegal to operate a vehicle "to a degree that renders the person incapable of safely driving a vehicle." , The Kansas definition of DUI and prohibited conduct was narrower and the Missouri DUI conviction should not be counted, the Court ruled.
In State v. Butler, No. 107,767, the Kansas Court of Appeals held that a Texas DUI could not be counted in Kansas because the Texas statute prohibited conduct more broadly than the Kansas DUI statute. At one time the Texas statute prohibited DUI while "under the influence
of" alcohol, and at another time the statute prohibited driving while "not having the normal use of mental or physical faculties" due to alcohol; the Kansas statute more narrowly prohibited driving under the influence alcohol when the Driver is "incapable of safely driving a vehicle."
Because the Kansas DUI statute was narrower in scope, the Texas DUI convictions could not be counted.
When charging a DUI in Kansas, the Prosecutor can generally use a prior DUI conviction with a date of July 1, 2001 or later to determine whether to charge the current DUI as a First Offense (Class B Misdemeanor), Second Offense (Class A Misdemeanor) or Third Offense (Class A Misdemeanor if the
two priors are both at least ten years old, or a Felony DUI if the current DUI charge is a third, fourth, or subsequent DUI offense).
Challenging the Prosecutor's use of Out-of-State DUI prior convictions to enhance your current Kansas DUI to a Class A Misdemeanor or to a Felony DUI charge in Kansas is critical. A failure by your attorney to challenge the introduction of Out-of-State DUI convictions prior to trial may mean that you have
given up that right .
Please contact our office at 913.383.3311 for a free initial consultation regarding your Kansas DUI charge.