Missouri Criminal Defense Lawyers - Kansas City & St. Louis, MO - (888) 439-4244
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Don't Let a Missouri DWI / DUI Charge Ruin Your Life!
I will defend your rights . . . and your freedom!If you have been accused of or arrested for DWI/DUI/Drunk Driving in Missouri, you need an experienced criminal lawyer to help you through it. Take advantage of our free consultation and make an informed decision about how you want to proceed. You have nothing to lose by calling. I'll give you some free advice either way. Call now, 888-439-4244.
What are the penalties for DWI in Missouri?
A DWI/DUI charge is treated very seriously under Missouri criminal law. The penalties can be harsh, so it is important to have an experienced DWI attorney to help fight your Missouri drunk driving charges.
And the time is critical. You have only 15 days to file a request for an administrative hearing to get your license back. So you need to act now in your own defense to have a chance to get your license back. In my opinion, people are arrested for drunk driving/DWI in Missouri far more often than is justified. Police officers tend to overreact if a person has had a drink or two, and may arrest you if they think there is only slight chance you might be impaired.
That's why I like to fight DWI charges. And I've found almost any case can be won.
Should I fight my DWI Charge or Just Plead Guilty?
That's a common question, and it really depends on both the facts of your case, and you as a person. I'll be happy to analyze the facts of your arrest and tell you what I think the chances of winning are in your specific case. I'll also talk over the implications of both a guilty plea, and fighting the case at trial. There are certainly pros and cons for both in many cases, and it can be hard to sort out the situation by yourself.
That's why I'll work through all this with you in a free legal consultation and case evaluation. Just call me at (888) 439-4244 and we'll talk it over. There's no charge for my advice, and no further obligation if you decide you don't want you hire me.
But remember that These cases can be beaten. That's where I put my focus when I head into court on in DUI/DWI case.
I'm prepared to challenge the DA on a huge number of legal issues, including:
- Can they prove you pulled over for a legitimate reason?
- Can they they performed the field sobriety tests according to their very specific police training to insure scientifically valid results?
- Can they prove that the breath test results are valid, that the machine was in good working order?
- and many, many other possible legal challenges...
But the first step is yours. You need to take action to get the help you need. Call me right away to talk about your administrative license hearing before your 15 days is up. I'll help you decide what to do, and where to go from here, so you have every opportunity to save your license, and beat your Missouri DWI charge, or at least minimize the damage to a level you can live with, and move on with your life.
First (1st) Offense Missouri DWI Penalties
If you are convicted/found guilty of DWI/DUI/Drunk Driving, you face a Class B misdemeanor, for which the penalty under Missouri law is:
- Up to 6 months in jail, or up to a $500 fine, or both.
- Probation for 1 to 2 years.
- Attendance in a Substance Abuse Traffic Offender Program (SATOP)
- No drinking during your probation period.
- 30 day license suspension, and a 60 day restricted hardship license after the initial suspension. During those 60 days, you may only drive to and from work.
- Possible ignition interlock device requirement at the judge's discretion.
Breath Test / Chemical BAC Refusal
According to Missouri's implied consent laws, you are required to submit to a chemical alcohol, blood, or breathalyzer test if asked to do so. If you refuse a chemical test, your license will be immediately taken away, and you'll be given a 15 day temporary driver's license/permit.
You can challenge the refusal in court, if you can challenge any of the police officer's assertions that:
- You were pulled over while driving
- The officer had a legitimate legal basis to stop you
- You did refuse the test.
The penalty for refusing to take a breath test is a 1 year driver's license suspension and required completion of a Substance Abuse Traffic Offender Program (SATOP) or similar alcohol education program.
Second (2nd) Offense Missouri DWI Punishment/Penalties
If you are convicted/found guilty of DWI/DUI/Drunk Driving and you have a previous conviction within the previous 5 years, you face a Class A misdemeanor, for which the penalty under Missouri law is:
- Up to 1 year in jail, or up to a $1000 fine, or both.
- A minimum of 48 hours/2 days in jail, OR 10 hours of community service.
- Probation for 1 to 2 years.
- Attendance in a Substance Abuse Traffic Offender Program (SATOP). Possible inpatient alcohol treatment.
- No drinking during your probation period.
- Two Year license suspension, and a 3 year restricted/hardship license after the initial suspension. During the subsequent 3 years, you may only drive to and from work.
- Ignition Interlock Device required on your vehicle as a condition of license reinstatement after a 2nd offense DWI.
Third (3rd) Offense Missouri DWI Punishment/Penalties
If you are convicted/found guilty of DWI/DUI/Drunk Driving and you have two previous convictions in your lifetime, you face a Class D felony, for which the penalty under Missouri law is:
- Up to 4 years in prison, or up to a $5000 fine, or both.
- A minimum of 10 days in jail, OR 60 hours of community service.
- Driver's license suspended/revoked for 10 years.
Forth (4th) Offense Missouri DWI Punishment/Penalties
If you are convicted/found guilty of DWI/DUI/Drunk Driving and you have three previous convictions in your lifetime, you will be considered an aggravated offender, and you face a Class C felony, for which the penalty under Missouri law is:
- Up to 7 years in prison, or up to a $5000 fine, or both.
Fifth (5th) Offense Missouri DWI Punishment/Penalties
If you are convicted/found guilty of DWI/DUI/Drunk Driving and you have three previous convictions in your lifetime, you will be considered a chronic offender, and you face a Class B felony, for which the penalty under Missouri law is:
- 5-15 years in prison
Missouri Aggravated Offender DWI Laws
You will be classified as a DWI aggravated offender, and face up to 7 years in prison under the following conditions:
- 4th Offense DWI
- Any Previous Felony Assault with a Motor Vehicle (while DWI) conviction
- Previous involuntary manslaughter conviction
- Previous Murder in the 2nd degree conviction (while operating a motor vehicle, or DWI)
- Previous Assault on a Law Enforcement Official / Police Officer, 2nd degree (while operating a motor vehicle, or DWI)
Missouri Chronic Offender DWI Laws
You will be classified as a DWI Chronic Offender, and face a minimum or 5 to 15 years in prison under the following conditions:
- 5th Offense DWI
- Two Previous Felony Assault with a Motor Vehicle (while DWI) convictions
- Two Previous involuntary manslaughter convictions
- Two Previous Murder in the 2nd degree convictions (while operating a motor vehicle, or DWI)
- Two Previous Assault on a Law Enforcement Official / Police Officer, 2nd degree (while operating a motor vehicle, or DWI)
Missouri DWI defense is one of the largest part of my criminal defense practice.
If you've been arrested for a DWI / DUI in the Kansas City, MO area, you need a Missouri DWI lawyer with the right experience and training. A lawyer who will listen to you and take your concerns seriously. I am that lawyer.
| Kansas City, Missouri & Kansas Criminal Defense Attorney, Mark Hagen Click here to contact via email Mark Hagen, Attorney at Law Law Offices of Mark Hagen 10801 Mastin Blvd, Suite #110 Overland Park, Kansas 66202 (888) 439-4244 |
St. Louis & Eastern Missouri Criminal Defense Attorney,
Brian Millikan Click here to contact via email Brian Millikan, Attorney at Law Millikan Wright LLC 1826 Chouteau St. St. Louis, MO 63103 (888) 439-4244 |