You receive a DWI in Missouri and your life is immediately altered. The police stop you, give you some tests, and you’re now criminally indicted. It is scary. Don’t worry, however, you’re not doing it by yourself. A good criminal defense lawyer in Kansas City can help defend the charge and protect your future.
What is a DWI in Missouri?
DWI stands for “driving while intoxicated.” In Missouri, it is operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Under the age of 21, only 0.02% is permissible. For commercial drivers, 0.04%.
Police give you breath tests, blood tests, and field sobriety tests to check your BAC. When your BAC is too high or you fail the tests, you can be arrested. Even if you do pass, the officer can still make you a charge on your driving and behavior.
What Happens After a DWI Arrest?
As soon as the arrest, two things start:
- The criminal case in court.
- The license suspension legal process by the Missouri Department of Revenue.
You may lose your license before your case gets to court. That is why it is paramount that you do so in a timely manner. Waiting for a deadline can exacerbate the problem. You have only 15 days to challenge the license suspension.
How Can a Missouri Criminal Defense Attorney Help You?
1. Protect Your Rights
Police have to play by the rules when they arrest an individual. If they don’t play according to the rules, there is a lawyer who can try and have the case thrown out. Example: if they forgot to read your rights or if the stop was unjustified.
2. Examine the Evidence
Was the breathalyzer in good working condition? Was the test conducted in the correct fashion? A lawyer will examine it all. Machines fail. People make mistakes.
3. Fight the Suspension of Your License
You only have 15 days to request a hearing from the date you were arrested. An attorney can help you file on time and plead to keep your license. If you procrastinate, you risk losing your chance.
4. Build a Strong Defense
Maybe you were not drunk. Maybe the stop was unlawful. Maybe there is a medical issue that affected the test. Your lawyer will figure out the best way to present your case. They can also hire experts to assist in strengthening your case.
5. Negotiate a Deal
In other cases, it makes sense to make a deal. An attorney can work to reduce your charges, avoid jail time, or dispose of fines. This is called a plea bargain. It can save you from the worst.
Common Defenses in Missouri DWI Charges
- Bad Stop: The police must have a valid reason to stop you. If they don’t, the charges can be dismissed.
- Faulty Tests: Breath tests and blood tests must be accurate. If they are not, the test will not be counted.
- Medical Conditions: Acid reflux, diabetes, and other conditions can affect BAC tests.
- Poor Testing Methods: Officers must perform tests in a standard way. Mistakes are your friend.
- Unreliable Observations: Red eyes and slurred speech don’t necessarily mean you’ve had a drink.
What Can Happen If You’re Convicted?
A DWI conviction can lead to:
- Jail time
- Heavy fines
- A criminal record
- License revocation
- Higher insurance premiums
- Trouble finding employment
- Forced alcohol classes or rehab
- Community service time
Each case is different. Sentencing depends on your past record, BAC level, etc. Even first offenders could wind up in jail or be assessed big fines.
First-Time DWI vs. Repeat Offense
A first DWI is usually a misdemeanor. That still can be jail time, fines, and suspension of your license. But a second or third may be a felony. That means more jail time and higher fines. It means more time for suspension or even outright revocation of your license. Felony charges can hurt your ability to vote, your ability to own a gun, or your ability to get some kinds of jobs.
Aggravating Factors That Make It Worse
Some things make a DWI more serious:
- High BAC (0.15% or greater)
- Having an accident
- Having children in the car
- Having previous DWIs
- Test refusal
A lawyer can help fight against these and make your argument in court.
When Should You Call a Lawyer?
Right away. The quicker you act, the quicker your chances of a good outcome. Taking this long can harm your case. Evidence is lost. Time limits are up. Lawyers have to prepare.
What to Bring to Your First Initial Appointment
Bring it all along:
• Tickets or court papers
• Test reports
• Police and arrest reports
• Witness information
• Any handwriting you’ve done down
The more we move to tell you about, the better we can help you out. Little bits of information can be really helpful.
How Much Does a DWI Lawyer Cost?
It varies with the case. Straightforward cases are cheaper. Trial cases are more expensive. Some attorneys have payment plans. Consider this: A DWI can cost you thousands of dollars in fines and lost wages. A lawyer might save you money down the road. It’s an investment in your future.
Why Choose a Missouri Lawyer?
Missouri law varies. Local lawyers know the judges, courts, and processes. That can be a welcome plus. They may have a sense of how certain judges terminate cases or how to be friends with the prosecutor.
What to Think About in a DWI Lawyer
- DWI case experience
- Good reviews or ratings
- Fees made transparent
- Free consultation provided
- Good communication skills
- Being open to explaining everything
You want someone to listen, answer your questions, and fight for you.
Last Thoughts
A DWI does not necessarily have to destroy your life. A good DWI defense lawyer in Kansas City can help you regain control. The sooner you act, the better your chances. Don’t try to do this yourself.
Missouri DWI Defense: Frequently Asked Questions
1. What will happen if I refuse a breath test in Missouri?
Refusal will cost you your license for one year. It might even benefit your case, though. Talk to an attorney soon.
2. Can I drive after a DWI arrest?
You can get a 15-day permit. Then your license is suspended, unless you prevail at your hearing.
3. Will a DWI appear on my record indefinitely?
No, most DWIs stay on your record. But in special cases, you can try to have it expunged after 10 years.
4. Can I receive a DWI on private property?
Yes. You don’t have to be on a public highway to be charged. It just depends on the case.
5. How do I find the best DWI lawyer in Missouri?
Look for experience, read reviews, ask questions. A good lawyer will listen and explain.
