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An experienced Missouri DUI lawyer can make the difference for you
If you were arrested for drunk driving and now face a prosecution in Missouri, you are probably worried about the consequences of this serious criminal allegation. You don't want to do any time in jail, and you are very concerned about having your license suspended and having a criminal record. You may wonder what impact this charge will have on your family, your career and your future. If you are like most people who face a Missouri DWI, you are probably a little intimidated by the court process, and overwhelmed by the complexity of the law.
You have every right to be cautious because you face a life-altering allegation. It is smart to take some time now and do your research and due diligence and make sure that you make the best decisions in your case, starting with which attorney you choose to defend you.
Missouri DWI cases are decided at the local level
Although DWI law is the same throughout the state, each county handles drunk driving cases a bit differently. For that reason, it is important that you understand the local processes and procedures, and talk with an attorney with experience defending impaired driving cases in the county where you were arrested:
Select the county of your arrest to get local information and help:
Missouri DWI Laws
Under Missouri DWI Law, it is illegal to drive a vehicle if you are under the influence of alcohol or drugs. This means, essentially, that if your ability to drive is lessened in any way because of alcohol or drugs, then you are breaking the law.
The legal limit for alcohol in Missouri is 0.08 percent alcohol concentration. This means that if you are at or above 0.08 the state does not need to prove that you were impaired because the law presumes it to be so. It does not mean that if you are under 0.08 percent that you are safe from conviction. For people under 21 years old, the legal limit for alcohol is 0.02 percent.
Missouri DWI Punishments
The Missouri DWI penalties are prescribed in ranges. Most impaired driving charges are Class B misdemeanors, which carry jail time of up to six months. A third offense becomes a Class D Felony, which carries up to 5 years in prison and a 10 year license revocation.
In addition to the jail time and license suspensions, there are heavy fines and attendance of SATOP (Missouri Substance Abuse Traffic Offender Program). People with high alcohol levels may be required to attend a weekend intervention program.
In addition to the criminal and driving penalties, you should also be aware of what "collateral consequences" will affect your life. For example, your travel to other countries could be prohibited or restricted. For example, Canada makes it very difficult for US citizens with DWI convictions to enter their country. If you are not a US citizen, you could face deportation or exclusion. If you have a professional license such as a medical or dental license, a real estate license and any number of others, you may have very specific reporting requirements that you will need to meet. A Missouri DWI conviction can also have a terrible influence on your ability to get and keep life, auto, health and disability insurance, and could result in your policies being canceled or premiums raised. A good DWI attorney will guide you through not only the criminal and civil legal aspects, but also counsel you on what to do to protect everything in your life from the reach of this ordeal.
Missouri DWI License Suspensions and Interlock Devices
In addition to all of the above, you need to be aware that there is a civil aspect to your case. Missouri Implied Consent Law dictates that you must submit to a chemical test if an officer asks during a DWI investigation. If you refuse, you will lose your privilege to drive after 15 days unless you request a hearing.
| WARNING: The permit that you were given after your arrest is only good for 15 days. You must request a hearing during that time (or have an attorney make the request), or you will lose your license. |
If you request a hearing to challenge the suspension, the court may issue an order staying the revocation of your license until the hearing is set. At the hearing, the judge will have to decide several things, including whether you actually refused to take the chemical test for alcohol or drugs. It is important to have an attorney represent you at this hearing and to help prepare you for the ordeal.
In certain cases, you may be required to have an ignition interlock device installed in your vehicle. This breath machine can be annoying and embarrasing. A local attorney will be able to advise you as to whether you might be required to have one after he or she learns to facts of your case and your history.
Your Missouri DWI case may not be as bad as it looks
There is a common misconception that Missouri drunk driving cases are hopeless, and that there is no use investigating or fighting the charges. This is a myth, and there is a lot that could result in your case being dismissed or reduced to a lesser charge. For example, did you know that chemical testing is not an exact science, and in some cases it can be grossly misleading. The process is prone to mechanical and human errors. Without an experience attorney investigating your case you may never know if there was something there that could have exonerated you.
There are many other things that can, and often do, go wrong with the State's case. For example, they might have evidence chain of custody issues, witness credibility or availability issues, or legal issues that prevent them from being able to prove that you are guilty. Without an attorney there is a greatly diminished chance of discovering any relevant issues, let alone being able to work them to your advantage.
You owe it to yourself to consult with an experienced Missouri DWI lawyer to see whether you have a case. Most lawyers in this area offer free initial consultations, so you have nothing to lose and everything to gain. You will feel much better with the Missouri DWI court process if you at least contact a lawyer and talk it over before making any important decisions that can change the rest of your life. There is too much at stake to bury your head and pretend that this will go away by itself, or that it's not that serious.
Select the Missouri county of your arrest to get local information and help now:
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