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 DWI / DUI Criminal Defense Attorney in St. Joseph, Missouri Can Help

In St. Joseph, Missouri, a driver operating a motor vehicle with a BAC (Blood Alcohol Content) level of .08 percent or higher will commonly be charged with driving under the influence. This is referred to as a 'per se' drunk driving 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) is under the presumptive level of .08 percent. Missouri drunk driving cases are primarily referred to as DWI (driving while intoxicated.) When drugs are involved, the cases are commonly referred to as DUI (driving under the influence.)

If you have been arrested for driving while intoxicated in St. Joseph, Missouri, contact DWI / DUI criminal defense lawyer Russell L. Powell at (816) 550-3695 for a free, professional consultation.

When you are arrested for DUI (driving under the influence) or DWI (driving while intoxicated), 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 taken away for 30 days if your blood alcohol content (BAC) was above .08 percent. In addition, if you refused to take a blood test, breath test, or urine test after being arrested for DUI (driving under the influence) or DWI (driving while intoxicated), jail time 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 attorney, at (816) 550-3695 for a fast, free consultation about your DUI (driving under the influence) or DWI (driving while intoxicated) charge and what your defense might be.

DRIVING PRIVILEGES SUSPENSION FOR DWI or DUI:

A criminal conviction of a first time DWI or DUI results in a 30-day suspension of driving privileges 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 hardship exemptions available during the first thirty (30) day period if you lose your administrative hearing. This suspension becomes a part of your permanent driving record 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 Missouri driver's license.

USE AND LOSE IN MISSOURI - DUI (DWI)

In St. Joseph, 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 Missouri law, Abuse and Lose, calls for the suspension of 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.

DWI or DUI - FIRST OFFENSE

A first DWI / DUI conviction in 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 offense, you will pay up to $500. Court costs normally range between $25 and $125.
• PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, though, 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 community service. Some Courts require supervised probation, while others do not.

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

SECOND OFFENSE DWI / DUI

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 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 / DUI within five (5) years will primarily 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 regardless of when the first DWI / 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.

THIRD OFFENSE DUI (DWI)

A third DWI or DUI 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 if you have two previous 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 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 shock time in jail or 60 days of community service.
• REVOCATION OF DRIVING PRIVILEGES - Upon a third 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 Missouri 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.

DWI or DUI FOURTH OFFENSE

A fourth DUI (driving under the influence) or DWI (driving while intoxicated) 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 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 normally 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 (driving under the influence) or DWI (driving while intoxicated), the defendant's Missouri 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 driving record in Missouri, 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 DWI / 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 you may be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DUI (driving under the influence) or DWI (driving while intoxicated), the defendant's driving privileges 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.

DRIVERS LICENSE CONSEQUENCES - DUI (DWI)

Like most other states, an arrest for DWI or DUI 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 DUI (DWI), as you only have fifteen (15) days to file for your Administrative Hearing to protect your 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 Missouri driver's license 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 important that the driver contact an attorney immediately after arrest to discuss their options. DUI (DWI) criminal defense attorney 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 five (5) years, then the driver's privileges are taken away 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, 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 in Missouri, and under current Missouri law, can not be removed from a person's driving record even after their driving privileges are fully reinstated. Because of this, it is very important to contact an attorney to discuss your options for challenging the license suspension. You may contact defense attorney Russell L. Powell at (816) 550-3695 for a free DWI or DUI consultation, but you must act quickly as your Missouri driver's license may be taken away within 15 days of your initial DWI or DUI 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 urine, blood, breath, or other bodily substances tested for alcohol and 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 / 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, 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.

SECOND AND SUBSEQUENT FAILURES OF A TEST:

MISSOURI DUI (DWI) FACTS:

PROOF OF INSURANCE AND DUI (DWI)

If you are facing the consequences of a DUI (DWI), you need to file proof of insurance with the Missouri 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 driving privileges will be taken away for the remainder of the two years (2 years) unless you file proof of insurance and pay a $20 fee. More information about insurance is included in Chapter 13 of the Missouri Department of Revenue Driving Guide.

APPEALING THE SUSPENSION

The administrative suspension of one's 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.

HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your driving privileges varies greatly depending on the facts and circumstances of your case, your criminal record, and your Missouri driving record. Therefore, if you are seeking information about a hardship license in St. Joseph, Missouri, you should contact a skilled DUI (DWI) criminal defense attorney to discuss all of your options. criminal defense attorney Russell L. Powell may be reached for a quick and easy 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 DUI (DWI) criminal defense 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.