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 / DUI Lawyer in Independence, Missouri

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

If you have any questions about a DWI / DUI charge, or if you have been arrested for driving while intoxicated, contact Russell L. Powell at (816) 550-3695 for a fast and free consultation.

When you are arrested for DUI / DWI, you only have 15 (fifteen) days from the date of notice (which is usually the arrest date) to file for an administrative hearing. If you don't file within these fifteen days, your driver's license will be suspended for 30 days if your Blood Alcohol Content (BAC) level was above .08 percent. In addition, if you refused to take a breath, blood, or urine test after being arrested for DUI (driving under the influence) or DWI (driving while intoxicated), imprisonment could be for 1 year (on year.) This depends on any criminal history you might have and your driving history. If you have questions, call RUSSELL L. POWELL, a DWI or DUI defense lawyer, at (816) 550-3695 for a free consultation about your DUI (driving under the influence) or DWI (driving while intoxicated) charge and what your defense might be.

SUSPENSION OF DRIVING PRIVILEGES:

USE AND LOSE IN MISSOURI - DWI (DUI)

In Independence, Missouri, the term Use and Lose has been used to describe laws that result in actions against young people found to be purchasing, drinking, or in possession of alcoholic beverages. The Missouri law, Abuse and Lose, calls for the suspension of driving privileges in Independence 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 days and 1 year for subsequent offenses.

FIRST OFFENSE FOR DWI or DUI

A first DWI / DUI conviction in Independence, Missouri is a Class B misdemeanor with the following consequences:

• JAIL: You will face up to a maximum of six (6) months imprisonment.
• FINE: For a first DWI / DUI offense, you will pay up to $500. Court costs customarily range between $25 and $125.
• PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, generally, the probation terms are no drinking and driving, do not break any federal, state or local law, complete the SATOP within 90 days. While some Courts require supervised probation, others do not. Also, some Courts require community service.

Contact Russell L. Powell at 816-550-3695 for a free consultation to discuss the specifics of your DWI / DUI case and possible dispositions in further detail.

DWI / DUI - SECOND OFFENSE

Conviction of 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 jail time.
• FINE: Up to $1,000.00, plus court costs of between $25.00 and $125.00.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second PPP within five (5) years will generally result in a five (5) year revocation of your driving privileges in Independence. 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 DWI / DUI 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. The installation and monthly maintenance charges of this device are incurred by the driver.

THIRD OFFENSE DWI (DUI)

A third DUI or DWI conviction during the driver's lifetime is considered a Class D felony, and may result in a ten (10) year denial of your driving privileges in Independence if you have two previous alcohol related convictions on your driving record.

• JAIL - Up to four (4) years in prison.
• FINE - Up to $5,000, plus court costs (which generally range between $25 and $125.)
• PROBATION - Varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DWI (DUI). The Court will normally 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 third or subsequent criminal conviction for DUI or DWI, 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 (DUI), you are not eligible for a hardship license.

DWI or DUI FOURTH OFFENSE

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

• JAIL: A fourth DWI or DUI offense means up to 7 (seven) years in prison.
• FINE: For a fourth DWI or DUI offense, fines can range up to $5,000.00, plus court costs of $25.00 to $125.00.
• PROBATION: This varies greatly between jurisdictions, but Missouri law does prohibit a suspended imposition of sentence for a felony DWI or DUI. The Court will customarily not suspend execution of the sentence unless (as a condition of probation) the defendant is ordered to serve 10 (ten) days 'shock time' in jail or perform 60 (sixty) days of community service.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DUI / DWI, the defendant's driver's license is suspended for 10 (ten) years regardless of when the two previous convictions were received. The ten (10) year revocation or denial will be placed on your Missouri driving record, and will remain there forever under current Missouri laws. NOTE: If you are convicted of a felony DWI or DUI, you are not eligible for a hardship license.

FIFTH OFFENSE FOR DWI / DUI (AND SUBSEQUENT DWI / DUI 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. 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 $5,000.00 (plus court costs of $25 to $125.)
• PROBATION: Under current Missouri law, if an individual is convicted as a chronic offender, they must serve at least two (2) years in the State penitentiary before they may be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI / DUI, the defendant's license is revoked 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, 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.

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 drugs or alcohol. 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 / DUI arrest. The Independence law enforcement 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 - DWI (DUI)

Like most other states, an arrest for DUI or DWI initiates two separate legal proceedings. First, the criminal case, filed in the jurisdiction in which the arrest was made, and; Second, a driver's license hearing which is filed with or against the Missouri Department of Revenue. As noted above, it is imperative 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 privileges in Independence. If you do not file for an Administrative Hearing within the first 15 (fifteen) 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 driving privileges in Missouri will be taken away.

The only caveat is that upon a refusal of a urine, blood, or breath 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 imperative that the driver contact an attorney immediately after arrest to discuss their options. DWI (DUI) attorney Russell L. Powell will give you a consultation. Call him at (816) 550-3695.

MISSOURI DRIVER'S LICENSE SUSPENSIONS:

FIRST TIME FAILURE OF A TEST:

If a driver does not have a previous alcohol related contact on their Missouri driving record, or does not have an alcohol related contact within the past five (5) years, then the driver's privileges are suspended for thirty (30) days. Upon filing of an SR-22 Insurance Certificate with the Missouri Department of Revenue, the driver will be granted a sixty (60) day Restricted Driving Privilege at the conclusion of the thirty (30) day suspension. This restricted license allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. It is rare, though, for a driver to be ticketed for driving outside of their restricted license. The alcohol related suspension is placed on a person's Missouri driving record, and under current Missouri law, can not be removed from a person's driving record even after their Missouri driving privileges are fully reinstated. Because of this, it is vital to contact an attorney to discuss your options for challenging the license suspension. You may contact defense lawyer Russell L. Powell at (816) 550-3695 for a free DWI or DUI consultation, but you must act quickly as your driver's license may be suspended within 15 days of your initial DWI or DUI arrest.

APPEALING THE SUSPENSION

The administrative suspension of your driving privileges in Independence may be appealed to the Circuit Court of the county in which they were arrested. This is commonly referred to as a 'Petition for Review' and it must be filed within fifteen (15) 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' or a completely new trial, in front of a different judge. These appeals are generally defended by an attorney from the Missouri Department of Revenue, and the state maintains the burden of showing that the driver was operating a motor vehicle, within the jurisdiction, while under the influence of alcohol.

MISSOURI DWI (DUI) FACTS:

HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your driving privileges in Independence varies depending on the facts and circumstances of your case, your criminal record, and your driving record. Therefore, if you are seeking information about a hardship license in Independence, Missouri, you should contact a seasoned DWI (DUI) attorney to discuss all of your options. attorney Russell L. Powell may be reached for a consultation at (816) 550-3695.

Website Disclaimer: The information you obtain at this site is not (nor is it intended to be) legal advice. You should consult a DWI (DUI) attorney for advice regarding your particular 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.