If you were arrested for a DUI or DWI in Kansas City, or a surrounding area, please call Russell Powell @ 816-550-3695 and FIGHT your drunk driving case!

Receive Help from a DWI or DUI Attorney in Columbia, Missouri

Missouri drunk driving cases are commonly referred to as driving while intoxicated (DWI). When drugs are involved, the cases are commonly referred to as driving under the influence (DUI). In Columbia, Missouri, a driver caught operating a motor vehicle with a BAC (Blood Alcohol Content) level of .08 percent or more will commonly be charged with driving while drunk. This is referred to as a 'per se' DWI or DUI charge. Note, however, that you can be arrested for DUI (driving under the influence) or DWI (driving while intoxicated) even if your BAC level is under the presumptive level of .08 percent.

If you have questions about a DWI (DUI) charge, contact Russell L. Powell at (816) 550-3695 for a professional and free consultation.

MISSOURI DEPT OF TRANSPORTATION - 2009 DWI (DUI) PLAN:

• Support local efforts to reduce drinking and driving - especially underage drinking - by providing technical assistance to develop programs such as DWI (DUI) docudramas, loaning them collateral materials to enhance their efforts (fatal vision goggles, videos, etc.), and providing speakers
• Provide training on detection and apprehension of impaired drivers (standardized field sobriety testing, courtroom testimony, Drug Recognition Experts, sobriety checkpoint supervisor training, and DWI (DUI) crash investigation techniques)
• Support one additional DWI traffic unit with a local law enforcement agency
• Provide National Drug Court Institute training to DWI court teams from across the state
• Provide equipment and training to enhance the DWI Tracking System (DWITS)
• Continue expansion of DWI Courts throughout the state beyond the current five locations in Buchanan, St. Charles, Jefferson, Lincoln, and Greene Counties
• Seek ways to expedite processing of DWI (DUI) offenders
• Improve the process of tracking DWI (DUI) offenders who have been sanctioned to install ignition interlock devices

SUSPENSION OF DRIVING PRIVILEGES:

MISSOURI SUPREME COURT ON DUI / DWI:

"I talked with you last year about the success of our drug courts and of the Greene County DWI court in making positive changes in the lives of participants and their families at a fraction of the cost of prison. These programs make our communities safer, because those who graduate from these courts are far less likely to reoffend than are those who are sent to prison."

~Laura Denvir Stith, chief justice of the Supreme Court of Missouri, delivered during the State of the Judiciary address on Wednesday, January 28, 2009, during a joint session of the General Assembly in Jefferson City, Missouri.

FIRST OFFENSE DWI (DUI)

If you're convicted of a first time DWI or DUI it is considered a Class B misdemeanor.

• FINE - Up to $500.00. Court costs generally range between $25.00 and $125.00.
• JAIL - For a first time DWI or DUI conviction in Columbia, you face up to a maximum of six months imprisonment.
• PROBATION - The terms of your probation can vary a lot depending on where the arrest occurred. Some Courts require community service. Generally, though, the probation terms are no drinking and driving, do not break any. Some Courts require supervised probation, while others do not.

Contact criminal defense attorney Russell L. Powell at 816-550-3695 to talk about the details of your DWI or DUI case in further detail.

SECOND OFFENSE FOR DWI or DUI

Conviction for a second DUI (driving under the influence) or DWI (driving while intoxicated) within a five year period is a Class A misdemeanor.

• JAIL: Up to a maximum of one (1) year in jail.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second DWI or DUI within five (5) years will commonly result in a five (5) year revocation of your driving rights. A hardship license may not be applied for until two (2) of the five (5) year revocation has been served, assuming that you are not otherwise ineligible. This revocation goes on the person's driving record. Twelve (12) points are also assessed against your driving privileges in Missouri regardless of when the first DUI (driving under the influence) or DWI (driving while intoxicated) conviction was received. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation, and the installation and monthly maintenance charges are incurred by the driver.
• FINE: Up to $1,000.00, plus court costs of between $25.00 and $125.00.

DUI / DWI - USE AND LOSE IN MISSOURI

In Missouri, the term Use and Lose has been used to describe laws that result in actions against young people found to be drinking, purchasing, or in possession of alcoholic beverages. The law in Columbia calls for the suspension of driving rights and privileges of persons under 21 who plea or are found guilty of:

1. possession or use of a controlled substance;
2. alteration, modification, or misrepresentation of a license to operate a motor vehicle;
3. any alcohol related traffic offense;
4. possession or use of alcohol, committed while operating a motor vehicle; or
5. a second offense of possession or use of alcohol by persons under 18.

The suspension period for a first offense is 90 (ninety) days and 1 (one) year for subsequent offenses.

THIRD OFFENSE FOR DUI / DWI

A third DWI / DUI conviction during the driver's lifetime is a Class D felony. It may result in a ten (10) year denial of the drive's driving rights and privileges if the driver has two prior alcohol related convictions on their driving record.

• JAIL: Up to 4 (four) years in prison.
• FINE: Up to $5,000.00, plus court costs of which primarily range from $25.00 to $125.00.
• PROBATION: This varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DUI / DWI. The Court will generally not suspend execution of the sentence, unless as a condition of probation, the defendant is ordered to serve 10 days (ten days) shock time in jail or 60 days (sixty days) of community service.
• REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DUI / DWI, the defendant's license to drive is suspended for 10 years regardless of when the two prior DUI / DWI convictions were received. The ten (10) year revocation or denial will be placed on your driving record, and, under the current law, will remain there forever. If you are convicted of a felony DUI / DWI, you are not eligible for a hardship license.

FOURTH DWI (DUI) OFFENSE

A fourth DWI or DUI arrest during the driver's lifetime will be charged as a Class C felony. If convicted, the driver will be classified as an "aggravated offender". Additionally, similar to a third conviction, a minimum 10-year denial of driving privileges will be assessed on the driver's record.

• JAIL: Up to 7 (seven) years in prison.
• FINE: Up to $5,000, plus court costs of $25 to $125.
• PROBATION: Varies greatly between jurisdictions, though, Missouri law does prohibit a suspended imposition of sentence for a felony DWI (DUI). The Court will commonly not suspend execution of the sentence, unless as a condition of probation, the defendant is ordered to serve 10 days shock time in jail or 60 days of community service.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI or DUI, the defendant's Missouri driver's license is suspended for 10 years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record in Missouri, and, under the current law will remain there forever. If you are convicted of a felony DWI (DUI), you are not eligible for a hardship license.

FIFTH DWI or DUI OFFENSE OR SUBSEQUENT OFFENSES

A fifth or subsequent DUI (driving under the influence) or DWI (driving while intoxicated) arrest during the driver's lifetime may be charged as a Class B felony, and if convicted, the driver will be classified as a 'chronic offender.' The same ten (10) year license revocation as described above applies.

• JAIL - FIVE (5) TO FIFTEEN YEARS IN PRISON.
• FINE - Up to $5,000, plus court costs of $25 to $125.
• PROBATION - Under current Missouri law, if an individual is convicted as a chronic offender, the defendant must serve at least two (2) years in the State penitentiary before they can be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI or DUI, the defendant's license is taken away for 10 years regardless of when the two previous convictions were received. The ten (10) year revocation or denial will be placed on your driving record, and, under the current law will remain there forever. If you are convicted of a felony DWI or DUI, you are not eligible for a hardship license.

MISSOURI IMPLIED CONSENT LAW

Every person who operates a motor vehicle in the state of Missouri is deemed to have given his or her consent to have his or her urine, breath, blood, or other bodily substances tested for alcohol and/or drugs. This is known as Missouri's "Implied Consent" law. You are presumed to know and understand your rights and responsibilities concerning the testing of your bodily fluids in relation to a DWI or DUI arrest. The police officer will choose what type of test to offer. You do not get a choice in that matter. Under Missouri law, however, you are allowed 20 minutes to contact a lawyer about whether or not to submit to a test, provided that you ask to exercise that right. You also have the right to obtain your own test of your body fluids by a physician, qualified technician, chemist, registered nurse or other qualified person after you have submitted to the officer's requested test.

DRIVERS LICENSE CONSEQUENCES

Like most other states, an arrest for DWI / DUI initiates two separate legal proceedings. Firstly, the criminal case is filed in the jurisdiction in which the arrest was made. Secondly, a driver's license hearing is filed with or against the Missouri Department of Revenue. As noted above, it is important that you contact an attorney immediately after your arrest for DWI / DUI, as you only have fifteen (15) days to file for your Administrative Hearing to protect your driving rights and privileges. If you do not file for an Administrative Hearing within the first fifteen (15) days after you receive a notice of suspension form, normally given at the time of your arrest, you will forever lose your right to do so, and your driver's license will be suspended.

The only caveat is that upon a refusal of a breath, blood, or urine test, a driver has thirty (30) days to appeal the suspension by filing a Petition for Review in the Circuit Court, however, the suspension of the driver's license goes into effect after the first fifteen (15) days, and only a Circuit Court or Associate Circuit Court Judge may stay or lift the suspension until the driver is afforded an Administrative Hearing. As such, it is important that the driver contact an attorney immediately after arrest to discuss their options. DUI / DWI defense lawyer Russell L. Powell will give you a free consultation by calling him at (816) 550-3695.

MISSOURI DRIVER'S LICENSE SUSPENSIONS FOR DWI (DUI):

FIRST TIME FAILURE OF A TEST:

REFUSAL OF A BREATH, BLOOD OR URINE TEST

A driver who refuses a breath, blood or urine test faces a one (1) year revocation of their driving rights and privileges. An experienced DUI / DWI defense lawyer may be able to stay the revocation of their driver's license, pending the outcome of an administrative hearing. It is important to note, that a driver does not automatically receive an Administrative Hearing for a test refusal.

A lawsuit must be filed against the Director of Revenue in the Circuit Court of the county in which the arrest occurred, and a Judge may or may not sign a Stay Order allowing the driver to continue to drive pending the outcome of that hearing. Therefore, it is important to consult a lawyer concerning your options.

Under some circumstances, it may be to a driver's advantage to refuse the breath, blood or urine test, however, the driver must consult with an experienced and professional DUI / DWI defense lawyer in Columbia to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their driving rights and privileges.

As noted above, the administrative hearing is separate from the criminal case. Simply put, they are two separate legal proceedings. However, a suspension under the criminal proceeding may affect the administrative proceeding. Therefore, anyone who refused a breath, blood, or urine test should contact an experienced and professional DUI / DWI defense lawyer quickly to discuss these matters in further detail. Russell L. Powell, a Missouri DUI / DWI defense lawyer, may be reached for a free consultation at (816) 550-3695.

APPEALING THE DUI / DWI SUSPENSION

The administrative suspension of one's driving rights and privileges may be appealed to the Circuit Court of the Missouri county in which they were arrested. This is referred to as a "Petition for Review" and it must be filed within 15 (fifteen) days of the date that the suspension was served to the driver by the Missouri Director of Revenue. Service in Missouri is considered effectuated when mailed by the Missouri Director of Revenue.

Upon properly filing the appeal, the driver receives a 'trial de novo' (a completely new trial), in front of a different judge. These appeals are primarily defended by an attorney from the Missouri Department of Revenue. Also, the state of Missouri maintains the burden of showing that the driver was operating a motor vehicle while under the influence of alcohol (within the jurisdiction.)

MISSOURI DUI / DWI FACTS:

DUI / DWI AND PROOF OF INSURANCE

If you are facing the consequences of a DUI / DWI in Columbia, you will be required to file proof of insurance with the Driver License Bureau in Missouri. The most common method of filing proof of insurance is an SR-22 insurance filing. If you do not keep proof of insurance on file, your driving rights and privileges will be suspended unless you file proof of insurance and pay a $20 fee.More information about insurance and DUI / DWI is included in Chapter 13 of the Missouri Department of Revenue Driving Guide.

DUI / DWI HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your driving rights and privileges depends on the facts and circumstances of your case, your criminal record (if you have one), and your personal driving record. If you have questions, you should contact an experienced and professional DUI / DWI defense lawyer to discuss all your options. If you are in Columbia, Missouri, DUI / DWI defense lawyer Russell L. Powell may be reached for a free consultation at (816) 550-3695.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.