Springfield DWI or DUI Lawyer

You only have 15 (fifteen) days from the date of notice (usually arrest date) to file for an administrative hearing if you are charged with DUI (driving under the influence) or DWI (driving while intoxicated). If you fail to file within the fifteen (15) days of the date of the notice of suspension, your driving rights and privileges will generally be taken away for 30 (thirty) days if your Blood Alcohol Content (BAC) level was above .08 percent, or for 1 year (one year) if you refused to take a blood test, breath test, or urine test after being arrested for DUI or DWI. To get your questions answered, call DWI or DUI criminal defense lawyer RUSSELL L. POWELL at (816) 550-3695 for a free, professional consultation.

In Springfield, Missouri, any driver operating a motor vehicle with a blood alcohol content (BAC) of .08 percent or greater will usually be charged with driving while impaired. This is commonly referred to as a 'per se' DUI or DWI charge. Note, though, that you can be arrested for DUI (driving under the influence) or DWI (driving while intoxicated) 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 normally referred to as driving under the influence (DUI).

If you have questions concerning a DWI or DUI charge, or if you have been arrested for drinking and driving, contact Russell L. Powell at (816) 550-3695 for a free consultation.

MISSOURI DEPT OF TRANSPORTATION - 2009 DUI or DWI PLAN:

• Support local efforts to reduce drinking and driving - especially underage drinking - by providing technical assistance to develop programs such as DUI or DWI 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 DUI or 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 in Buchanan, St. Charles, Jefferson, Lincoln, and Greene Counties
• Seek ways to expedite processing of DUI or DWI offenders
• Improve the process of tracking DUI or DWI offenders who have been sanctioned to install ignition interlock devices

SUSPENSION OF DRIVING PRIVILEGES:

FIRST OFFENSE FOR DUI or DWI

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

• JAIL: You will face up to a maximum of six (6) months jail time.
• FINE: For a first DWI or DUI offense, you will pay up to $500. Court costs commonly range between $25 and $125.
• PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, normally, the probation terms are complete SATOP in 90 days, no drinking and driving, and do not break any federal, state or local law. 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, professional consultation to discuss the specifics of your DWI or DUI case and possible dispositions in further detail.

SECOND OFFENSE DWI or DUI

Conviction of a second DUI or DWI within a five year period is a Class A misdemeanor.

• JAIL - Up to a maximum of one (1) year imprisonment.
• 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 DWI or DUI within five (5) years will normally result in a five year (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 (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 DWI or DUI 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.

DWI (DUI) - 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 in possession of, drinking, or even purchasing alcohol beverages. The law in Springfield calls for the suspension of driving privileges and rights 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 DWI (DUI)

A third DUI / 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 and rights if you have two prior alcohol related convictions on your Missouri 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 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 third or subsequent criminal conviction for DUI / DWI, the defendant's license is taken away 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 DWI (DUI), you are not eligible for a hardship license.

FOURTH OFFENSE DUI or DWI

A fourth DUI (driving under the influence) or DWI (driving while intoxicated) arrest during a 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 conviction, a minimum 10-year denial of driving rights and privileges will be assessed on the driver's record.

• JAIL - Up to seven (7) years in prison.
• FINE - Up to $5,000.00, plus court costs of $25.00 to $125.00.
• PROBATION - Varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DUI or DWI. The Court will commonly 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 of community service.
• LOSS OF DRIVING PRIVILEGES - Upon a fourth or subsequent criminal conviction for DUI (driving under the influence) or DWI (driving while intoxicated), the defendant's Missouri driver's license is taken away 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.

FIFTH OFFENSE FOR DWI or DUI (AND SUBSEQUENT DWI or DUI OFFENSES)

A fifth or subsequent DUI or DWI 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 or DUI, the defendant's license is revoked for 10 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, 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 DRIVER'S LICENSE SUSPENSIONS:

FIRST TIME FAILURE OF A TEST:

If a driver does not have a prior 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 taken away 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 DUI or DWI attorney in Springfield to discuss your options for challenging the Missouri driver's license suspension. You may contact DUI or DWI criminal defense lawyer Russell L. Powell at (816) 550-3695 for a free, professional consultation, but you must act quickly as your Missouri driver's license may be taken away within fifteen (15) days of your arrest.

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 breath, blood, urine, 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 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 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 / 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 crucial 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 and rights. 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 will be taken away.

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 crucial that the driver contact an attorney immediately after arrest to discuss their options. DWI (DUI) lawyer Russell L. Powell will give you a consultation. Call him at (816) 550-3695.

MISSOURI DWI (DUI) FACTS:

APPEALING THE SUSPENSION

The administrative suspension of one's driving privileges and rights 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 commonly 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.

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 privileges and rights. An experienced DWI (DUI) lawyer may be able to stay the revocation of their driving privileges, pending the outcome of an administrative hearing. It is crucial 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 a skilled DWI (DUI) lawyer in Springfield to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their driving privileges and rights.

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 a skilled DWI (DUI) lawyer quickly to discuss these matters in further detail. Russell L. Powell, a Missouri DWI (DUI) lawyer, may be reached for a consultation at (816) 550-3695.

DWI (DUI) HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your driving privileges and rights depends on the facts and circumstances of your case, your criminal record (if you have one), and your personal Missouri driving record. If you have questions, you should contact a skilled DWI (DUI) lawyer to discuss all your options. If you are in Springfield, Missouri, DWI (DUI) lawyer Russell L. Powell may be reached for a 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.