Will I go to Jail? What If I refused to take a breath/blood test? Can my license be suspended? Will this be on my record permanently?
If you have refused to submit to chemical testing or failed a breath or blood intoxication test for DWI, you have a 15 day window in MISSOURI, 14 – day window in KANSAS from the date of your arrest to request a hearing to challenge the suspension of your driver’s license.
Please keep this 14 - 15 day window in mind. Once this window has passed, the opportunity for the hearing is gone.
A DWI arrest can be stressful and traumatic, especially for first time offenders. DWI affects not only you, but also your family, your employment and your future endeavors.
At Jungle Law, you can expect to be represented by a qualified criminal defense lawyer with years of success in court. We already know the state's arguments, so we are in the best position to prepare a defense for you.
Compared to other states, a Missouri DUI charge can come with some of the most unforgiving penalties.
If your vehicle is stopped for a possible DUI investigation:
1. Do not make any statements to the police, or anyone else. (never admit to consuming any amount of alcohol.)
2. Do not submit to any field sobriety tests, as they are not required by law. (examples include...follow my police pen, stand on one leg, walk the straight line, etc...)
Instead, immediately, request to speak with your criminal defense attorney.
If you’ve been charged with a DWI/DUI in Missouri or Kansas, here are three vital points to protect your future interests:
1. You only have 15 days from the date of your arrest to schedule your DMV hearing in Missouri, and 14 days in Kansas. If this has not been done already, call a member of Jungle Law and we will be able to handle this for you.
2. If you are convicted of a DUI, you could be incarcerated, lose your drivers license, and pay substantial fines, in addition to other court-ordered consequences. Your auto insurance rates will also increase dramatically. You will have to show proof of an SR-22 ( high risk insurance) to the DMV.
3. When you are charged with a DUI in Missouri and Kansas, that doesn’t mean you are guilty. Your attorney can exercise legal methods for getting the charges reduced and/or ultimately dropped. On many occasions, an officer's stop has technical issues that can be discovered by an experienced attorney.
Missouri Specific DUI Penalties
If you are arrested for driving with a blood alcohol content of .08 percent or higher, two separate sections of Missouri law govern; criminal law and administrative law.
It is imperative that you contact an attorney within 15 days to request an administrative hearing.
If you do not appear for your administrative hearing, or fail to notify, you will be in default and a decision sustaining your license suspension or revocation will be entered by the hearing officer. If you do not request a hearing within 15 days from the date the Form 2385 is issued to you, your hearing will be denied and no further appeal is possible.
Your driving privileges will be suspended or revoked based on your prior five-year record. If convicted or suspended regarding an alcohol or drug related offense, your driving privilege could be revoked for one year. Occasionally, a 90-day suspension is imposed. If your license is suspended, you may be eligible for a Restricted Driving Privilege.
Missouri’s implied consent law requires you to submit to an alcohol and/or drug test when requested by a law enforcement officer. If you refuse to submit to the test, your driving privilege is revoked for a year. If you refused to submit to the officer's test, you may file a petition for review in the circuit court of the county of the arrest. If the court grants a stay, the driver may continue to drive while the case is pending.
1. First conviction for excessive blood alcohol content (BAC)
First conviction for driving while intoxicated by alcohol or drugs (DWI)
In Missouri, if your blood alcohol content is .08 or higher, you are over the legal limit to operate a motor vehicle.
A first time offender with no prior alcohol related convictions, will receive a driver's license suspension for 30 days, followed by a 60 day Restricted Driving Privilege. You MAY be ELIGIBLE for an immediate 90-day Restricted Driving Privilege.
If you are convicted of a second intoxication-related traffic offense, you will normally receive a 1-year revocation for accumulation of points. If you are convicted a second time for an alcohol-or-drug related offense within five years, you MAY also receive a 5-year denial.
If you are convicted three or more times of an intoxication-related traffic offense, you will receive a 10-year license denial.
Note that minors arrested or stopped with .020% or higher are over the legal limit. If a person is between the ages of 15 and under 21 years of age, he or she may have driving privilege suspended or revoked for any of the reasons listed below.
1. Purchasing or attempting to purchase any intoxicating liquor.
2. Possessing any intoxicating liquor.
3. Being visibly intoxicated.
4. Having a blood alcohol content level of more than .020 percent.
If a minor is charged with an an alcohol-related offense, it is imperative for you to seek an attorney quickly. A minor is just starting out in life, and with today’s social media presence, he or she cannot to tarnish a reputation. These charges won't only deter school applications and limit job placement, they can have a life-long effect!
Kansas Specific DUI Penalties
Kansas has DUI penalties that are quite different from Missouri penalties.
If you receive a DUI charge while you hold a Kansas commercial drivers license, (CDL) there are special considerations that apply.
In Kansas, driving under the influence penalties are as follows:
Upon a first conviction a class B - nonperson misdemeanor. If convicted, you will be sentenced to not less than 48 consecutive hours, nor more than six months’ imprisonment, or at the court’s discretion, 100 hours of public service, and fined not less than $750, nor more than $1,000.
Upon a second conviction. a DUI is a class A - nonperson misdemeanor. If you are convicted, you shall be sentenced to not less than 90 days, nor more than one year imprisonment, and fined not less than $1,250, nor more than $1,750.
Upon a third conviction, DUI is a class A - nonperson misdemeanor. If convicted, you shall be sentenced to not less than 90 days, nor more than one year imprisonment, and fined not less than $1,750, nor more than $2,500.
Upon a fourth or subsequent conviction for DUI, it is a nonperson FELONY. If convicted, you shall be sentenced to not less than 90 days, nor more than one year imprisonment and fined $2,500.
This is why you need an experienced DUI Defense Attorney from Jungle Law working for you. Call 1-833-4-JUNGLE today!