Missouri DUI Attorney

April 20th, 2022 by admin Leave a reply »

Missouri DWI Law

Missouri has laws in place to protect motorists, pedestrians, and cyclists from other drivers who choose to drive after consuming alcohol or a controlled substance. These laws are known as the DWI laws and they make it illegal for a driver to drive while under the influence of alcohol and drugs. The penalties available in this type of case can range from license suspension to jail time, so it is important that you get a fair trial. Hiring a Missouri DUI attorney can help you to get the best chance for presenting a successful defense. If you are convicted of a DWI offense, having a skilled Missouri DUI lawyer can help to reduce the penalties that are imposed against you.

Missouri DWI Arrests

When you are arrested for driving under the influence, it is often referred to as DWI when you are under the influence of alcohol. If you are under the influence of drugs, then the offense is simply called driving under the influence. You do not have a choice of what type of test will be offered to you, but you do have the right to contact a Missouri DUI lawyer before you submit to the chemical testing. You also have the right to obtain your own test from a physician or other medical professional after submitting to the law enforcement testing procedures. There are two ways a prosecutor may try to gain a conviction against you for DWI or driving under the influence. One is by showing that your consumption of alcohol or drugs impaired your driving ability to a point where you could not drive as safely as you could have if you had not consumed alcohol or drugs. In this type of case, the prosecutor will attempt to show that you were impaired by introducing information about your arrest. This information may include your appearance, whether the smell of alcohol was on your breath or clothing, whether you were displaying bad driving habits, or if you failed field sobriety tests. The other type of case relies on Missouri’s “per se” law to prove that you are guilty. This type of case is based solely on the results of chemical testing. If you have a blood alcohol concentration test within 3 hours of driving and the result meets or exceeds the 0.08% legal limit, the prosecutor will charge you with DWI and will show that you were driving with this unlawful blood alcohol level to the jury in your case. If you refused chemical testing at the time of your arrest, you will face additional penalties and this information may be introduced during your criminal case. If you are arrested for DWI in Missouri, it is important that you contact a Missouri DUI lawyer so that you can present a solid defense and minimize the impact of the charges on your life.

Administrative DWI Penalties

When you are arrested for DWI, you only have 15 days in which to request a hearing. If you miss this deadline, your license will be suspended and you’ll be unable to drive. The penalties for a first offense when you have failed a chemical test are a 30 day suspension period followed by 60 days of restricted driving. For a second or subsequent offense, the suspension period is one year. There is no hardship license available for restricted driving purposes. This will stay on your driving record for five years after the suspension. If you have refused to submit to a chemical test, your license will be suspended for one year. You may apply for a hardship license after 90 days if you do not have any other offenses on your record. Because losing your driving privileges can impact your quality of life, you must contact a Missouri DUI lawyer to make sure that you are represented by a qualified legal professional.

Missouri DWI Criminal Penalties

The penalties for a DWI in Missouri depend on the number of convictions you have had in the past and any aggravating factors in place at the time of your arrest. The penalties become more severe with each offense. The first DWI offense is classified as a class B misdemeanor. Penalties may include a maximum of 6 months of jail time, a fine of up to $500, repayment of court costs of $10 to $100, probation of one to two years, and a 30-day driver’s license suspension with an additional 60-day restricted driving period. Ignition interlock device installation may also be a requirement. A second DWI offense is classified as a class A misdemeanor. The penalties for this level of offense can include up to one year in jail, a $1,000 fine, court costs of $10 to $100, one to two years of probation, and a 5 year revocation of driving privileges. A hardship license is not available until 2 years of this period have passed. An offender will also have to drive a vehicle with an ignition interlock device installed during their probation period. A third or subsequent DWI offense is classified as a class D felony. The penalties for this level of offense are up to five years in prison, a fine of up to $5,000, court costs between $10 and $100, probation, and a 10 year loss of driving privileges. These penalties are severe, so it is important that you have a skilled Missouri DUI attorney to represent you.

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