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!

A DUI or DWI Lawyer in Kansas City, Missouri Can Help

When you are arrested for DWI (driving while intoxicated) or DUI (driving under the influence) in Kansas City, Missouri, 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 15 days, your driver's license will be taken away for 30 days (thirty days) if your BAC level was above .08 percent. In addition, if you refused to take a urine, blood, or breath test after being arrested for DUI (driving under the influence) or DWI (driving while intoxicated), you could face imprisonment for up to one year. If you have DUI (driving under the influence) or DWI (driving while intoxicated) questions, contact DWI or DUI criminal defense attorney RUSSELL L. POWELL at (816) 550-3695 for a professional and free consultation about your DUI or DWI charge and what your possible defense might be.

MISSOURI DEPT OF TRANSPORTATION - 2009 DWI or DUI PLAN:

The 2009 plan for the Missouri Department of Transportation includes hundreds of thousands of dollars worth of training and enforcement of DWI (driving while intoxicated) or DUI (driving under the influence) laws in the state. Some plans for 2009 include:

• Support local efforts to reduce drinking and driving - especially underage drinking - by providing technical assistance to develop programs such as DWI docudramas or Every 15 Minutes, loaning them collateral materials to enhance their efforts (fatal vision goggles,videos, community program guides), and providing speakers
• Provide training on detection and apprehension of impaired drivers (e.g., standardized field sobriety testing, sobriety checkpoint supervisor training, courtroom testimony, Drug Recognition Experts, and DWI 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 inSt. Charles, Lincoln, Jefferson, Buchanan and Greene Counties
• Seek ways to expedite processing of DWI or DUI offenders
• Improve the process of tracking DWI or DUI offenders who have been sanctioned to install ignitioninterlock devices

These plans include Kansas City and cities throughout Missouri.

SUSPENSION OF DRIVING PRIVILEGES:

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 purchasing, drinking, or in possession of alcoholic beverages. The law in Kansas City calls for the suspension of driving rights in Kansas City 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.

FIRST OFFENSE DWI or 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 DWI (driving while intoxicated) or DUI (driving under the influence) conviction in Kansas City, 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 complete SATOP in 90 days, no drinking and driving, and do not break any federal, state or local law. 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 DUI or DWI case in further detail.

SECOND OFFENSE DUI or DWI

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 and $125.
• REVOCATION OF DRIVER'S LICENSE - A criminal conviction of a second DUI or DWI within five (5) years will commonly result in a five year (5 year) revocation of your driving privileges and rights. A hardship license may not be applied for until two (2) of the five (5) year revocation has been served (this assumes that you are not otherwise ineligible.) This revocation goes on the person's permanent driving record. Twelve (12) points are also assessed against your driving privileges in Missouri regardless of when the first DUI or DWI conviction was received. The court will also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. If this happens, the installation and monthly maintenance charges are incurred by the driver.

THIRD OFFENSE DWI

A third DWI (driving while intoxicated) or DUI (driving under the influence) conviction during the driver's lifetime is a Class D felony, and may result in a ten (10) year denial of driving rights in Kansas City 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 DWI (driving while intoxicated) or DUI (driving under the influence), the defendant's Missouri driver's license is taken away 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 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 DWI. The Court will normally 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 DWI, you are not eligible for a hardship license.

DWI or DUI FOURTH OFFENSE

A fourth DWI (driving while intoxicated) or DUI (driving under the influence) 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 driving rights in Kansas City 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 usually 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 DWI (driving while intoxicated) or DUI (driving under the influence), the defendant's driver's license is taken away 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 DUI or DWI 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 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 driving record in Missouri, 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 urine, breath, blood, or other bodily substances tested for drugs and / 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 DUI or DWI arrest. The law enforcement 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 an attorney 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 (driving while intoxicated) or DUI (driving under the influence) 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 important that you contact an attorney immediately after your arrest for DWI, as you only have fifteen (15) days to file for your Administrative Hearing to protect your driving rights in Kansas City. 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 Missouri driver's license will be taken away.

The only caveat is that upon a refusal of a blood test, breath test, 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. DWI attorney Russell L. Powell will give you a free DWI consultation. Contact him at (816) 550-3695.

MISSOURI DRIVER'S LICENSE SUSPENSIONS:

FIRST TIME FAILURE OF A TEST:

APPEALING THE SUSPENSION

The administrative suspension of your driving rights in Kansas City 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.

SECOND AND SUBSEQUENT FAILURES OF A TEST:

If the driver has an alcohol related suspension within the past five (5) years, then the suspension will be for one (1) year with no possibility of obtaining a hardship driving privilege. If a driver receives the second suspension more than five (5) years after serving the suspension for the first test failure, then the suspension will generally be for thirty (30) days followed by a sixty (60 ) day restricted license. For subsequent offenses, a third or more, an individual's driving privileges will be taken away for at least one year, with no possibility for a restricted driving rights in Kansas City.

MISSOURI DWI FACTS:

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 in Kansas City. An experienced DWI attorney may be able to stay the revocation of their Missouri 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 educated DWI attorney in Kansas City to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their driving rights in Kansas City.

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 blood test, breath test, or urine test should contact an educated DWI attorney quickly to discuss these matters in further detail. Russell L. Powell, a Missouri DWI attorney, may be reached for a fast, free consultation at (816) 550-3695.

DWI AND Proof of Insurance

If you are facing the consequences of a DWI in Kansas City, you will be required to file proof of insurance with the Driver License Bureau. The most common method of filing proof of insurance is an SR-22 insurance filing. Proof of insurance must be kept on file with the Driver License Bureau for two years. If you do not keep proof of insurance on file, your Missouri driver's license will be taken away for the rest of the two years unless you file proof of insurance and pay a $20 fee. There is one exception to this rule: Minors with a Blood Alcohol Content (BAC) level of .02% or more do not have to file proof of insurance on a first offense.More information about insurance 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 driving rights in Kansas City 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 educated DWI attorney to discuss all your options. If you are in Kansas City, Missouri, Russell L. Powell, a DWI attorney, may be reached for a fast, 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 a DWI 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.