Receive Help from a DUI or DWI Lawyer in Joplin, Missouri

In Joplin, Missouri, any driver operating a motor vehicle with a BAC (blood alcohol content) of .08 percent or greater will primarily be charged with driving while impaired. This is commonly referred to as a 'per se' drinking and driving charge. Note, though, that you can be arrested for DWI (driving while intoxicated) or DUI (driving under the influence) even if your BAC (blood alcohol content) is under the presumptive level of .08 percent. Missouri drunk driving cases are generally referred to as driving while intoxicated (DWI). When drugs are involved in the case, it is referred to as driving under the influence (DUI.) If you have questions concerning a DUI or DWI charge in Joplin, Missouri, contact Russell L. Powell, a DWI (DUI) criminal defense lawyer, at (816) 550-3695 for a consultation.

If you are charged with DUI / DWI, you only have 15 (fifteen) days from the date of notice (this is usually the arrest date) to file for an administrative hearing. If you fail to file within fifteen (15) days of the date of the notice of suspension, your Missouri license will generally be suspended for 30 (thirty) days if your BAC (blood alcohol content) was above .08 percent, or for one year (1 year) if you refused to take a urine, blood, or breath test after being arrested for DWI (driving while intoxicated) or DUI (driving under the influence). Your driving and/or criminal history is also taken into consideration. Contact DWI (DUI) attorney RUSSELL L. POWELL at (816) 550-3695 for a fast and free consultation concerning your DUI or DWI charge in Joplin.

DRIVING PRIVILEGES SUSPENSION FOR DWI (DUI):

A criminal conviction of a first time DWI (DUI) results in a 30-day suspension of Missouri driving rights followed by a 60-day restriction to driving only to and from work (in the course of employment) or to alcohol treatment. There are no hardships or exemptions available during the first thirty (30) day period if you lose your administrative hearing. This suspension becomes a part of your driving record permanently if you do not win your appeal to the Circuit Court of the Missouri county where you were arrested. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 (eight) points being assessed against your driving privileges in Missouri.

USE AND LOSE IN MISSOURI - DUI (DWI)

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

FIRST OFFENSE DWI (DUI)

If you're convicted of a first time DUI or DWI 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 DUI / DWI conviction in Joplin, 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, however, the probation terms are no drinking and driving, do not break any federal, state or local law, complete the SATOP within 90 days. Some Courts require supervised probation, while others do not.

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

DUI or DWI - SECOND OFFENSE

Conviction of a second DWI (driving while intoxicated) or DUI (driving under the influence) 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 primarily result in a five (5) year revocation of your driving rights in Joplin. 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 Missouri driving record. Twelve (12) points are also assessed against your Missouri driver's license regardless of when the first DUI or DWI 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 DUI (DWI)

A third DUI (driving under the influence) or DWI (driving while intoxicated) conviction during the driver's lifetime is a Class D felony, and may result in a ten (10) year denial of Missouri driving privileges if the driver has two previous alcohol related convictions.

• JAIL: Up to four (4) years in prison.
• LOSS OF DRIVING PRIVILEGES: Upon a third (or subsequent) criminal conviction for DUI (driving under the influence) or DWI (driving while intoxicated), the defendant's driving privileges in Missouri is suspended for 10 years. This is regardless of when the two previous convictions were received. The ten year revocation or denial will remain on the driving record in Missouri permanently according to current state laws.
• FINE: Up to $5,000.00, plus court costs of which generally range between $25.00 to $125.00.
• PROBATION: Varies greatly between jurisdictions, though, Missouri law does prohibit a suspended imposition of sentence for a felony DUI (DWI). The Court will customarily 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. NOTE:If you are convicted of a felony DUI (DWI), you are not eligible for a hardship license.

FOURTH DWI (DUI) OFFENSE

A fourth DUI / DWI 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, however, Missouri law does prohibit a suspended imposition of sentence for a felony DWI (DUI). The Court will generally 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 DUI / DWI, the defendant's driving privileges in Missouri is suspended 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 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 OFFENSE FOR DUI or DWI (AND SUBSEQUENT DUI or DWI OFFENSES)

A fifth or subsequent DWI (driving while intoxicated) or DUI (driving under the influence) 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 DUI or DWI, 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 Missouri driving record, and, under the current law will remain there forever. If you are convicted of a felony DUI or DWI, 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 |blood, breath, urine, or other bodily substances tested for drugs and 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 DUI or DWI arrest. The Joplin police officer will choose what type of test to offer. You do not get a choice in that matter. Under Missouri law, though, 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 - DUI (DWI)

Like most other states, an arrest for DUI (driving under the influence) or DWI (driving while intoxicated) 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 vital that you contact an attorney immediately after your arrest for DUI (DWI), as you only have fifteen (15) days to file for your Administrative Hearing to protect your Missouri driving privileges. 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 suspended.

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 vital that the driver contact an attorney immediately after arrest to discuss their options. DUI (DWI) lawyer Russell L. Powell will give you a quick and easy 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 driving record in Missouri, or does not have an alcohol related contact within the past 5 (five) years, then the driver's privileges are suspended for 30 (thirty) 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, however, for a driver to be ticketed for driving outside of their restricted license. The alcohol related suspension is placed on a person's driving record, and under current Missouri law, can not be removed from a person's driving record in Missouri even after their driving privileges are fully reinstated. Therefore, it is important to contact a DWI (DUI) attorney in Joplin to discuss your options for challenging the driving privileges in Missouri suspension. You may contact DWI (DUI) attorney Russell L. Powell at (816) 550-3695 for a fast and free consultation, but you must act quickly as your driving privileges in Missouri may be suspended within fifteen (15) days of your arrest.

REFUSAL OF A BREATH, BLOOD OR URINE TEST

A driver who refuses a urine, blood, or breath test faces a one (1) year revocation of their Missouri Driving Privileges. An experienced DUI (DWI) lawyer may be able to stay the revocation of their driving privileges in Missouri, pending the outcome of an administrative hearing. It is vital to note, though, 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.

Then, a Judge may or may not sign a Stay Order allowing the driver to continue driving pending the outcome of that hearing. Under some circumstances, it may be to a driver's advantage to refuse the urine, blood, or breath test, however, the driver must consult with a knowledgeable DUI (DWI) lawyer to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their Missouri Driving 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 urine, blood, or breath test should contact a knowledgeable DUI (DWI) lawyer immediately for a quick and easy consultation to discuss these matters in further detail. Russell L. Powell, a DUI (DWI) lawyer in Missouri, may be reached at (816) 550-3695.

APPEALING THE SUSPENSION

The administrative suspension of one's Missouri driving privileges 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 customarily 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 DUI (DWI) FACTS:

DUI (DWI) AND PROOF OF INSURANCE

If you are facing the consequences of a DUI (DWI) in Joplin, 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 Missouri driving 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.

HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your Missouri driving privileges varies considerably depending on the facts and circumstances of your particular case, your criminal record (if any), and your overall driving record. Because of this, if you want information concerning a hardship license in Joplin, Missouri, you should contact a knowledgeable DUI (driving under the influence) or DWI (driving while intoxicated) lawyer to discuss all of the options available to you. You can reach DUI (DWI) lawyer Russell L. Powell at (816) 550-3695 for a quick and easy consultation.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a DUI (DWI) lawyer 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.