A DUI allegation in Missouri is major. It can take away your money, freedom, and future. You don’t have to go through DUI court alone. A skilled Kansas City DUI lawyer can protect your rights from the very beginning.
DUI in Missouri: What is it?
A DUI is a driving under the influence charge. In Missouri it is called DWI, or driving while intoxicated. They mean the same thing.
You can be charged with a DWI if you:
- Drive and have a blood alcohol content (BAC) of 0.08 % or more
- Are under 21 and have any alcohol in your body
- Drive while using drugs (either legal or illegal)
A police chief may charge DWI based on their own evidence, regardless of whether they can establish high BAC. If the police officer perceives that you are driving while impaired, then they will initiate a DWI charge.
What Happens After a DUI Arrest?
Two things happen after a DUI arrest:
- A criminal charge in court
- A license suspension by the DMV
You must handle both. They are separate processes. One may affect the other.
Criminal Charge
This is where you may face jail time or fines. The court looks at:
- Your BAC at arrest
- Past DUI records
- If you hurt anyone
License Suspension
The DMV can suspend your driver’s license. You have 15 days from the arrest date to request a hearing. If you miss this, your license is suspended automatically.
Missouri DUI Penalties
First Offense
- Up to 6 months jail
- Fines up to $1,000
- License suspension for 30 days
- $45 fee to reinstate license
- Possible ignition interlock device
Second Offense
- Up to 1 year jail
- Fines up to $2,000
- License suspension for 1 year
- Longer ignition interlock use
Third or More
- Up to 4 years prison
- Fines up to $10,000
- License revoked for 10 years
- Felony record
Other impacts include:
- High insurance costs
- Trouble finding jobs
- Limits on international travel
How a Kansas City DUI Lawyer Helps
You don’t have to accept the charges as they are. A lawyer may reduce your penalties or get your case dismissed.
They can:
- Check if the traffic stop was legal
- Review breath or blood test results
- Question the arresting officer’s actions
- Fight to keep your license
- Guide you through court steps
Lawyers spot errors that can help your defense.
What to Do if You Are Pulled Over
Stay calm. Don’t argue or act rude. Here’s what you should do:
- Pull over safely
- Be polite with officers
- Give your license and insurance when asked
- Answer questions briefly
- Say no to roadside sobriety tests (optional)
- Do not admit drinking or drug use
- Ask to speak with a lawyer as soon as possible
Your rights matter. Use them wisely.
Can You Refuse a Breathalyzer?
Yes, but there are risks.
Missouri has “implied consent” laws. By driving, you agree to testing if stopped.
If you refuse:
- Your license is suspended for 1 year
- Refusal can be used against you in court
- You can still face DUI charges
Talk to a lawyer before deciding to refuse or submit to tests.
DUI Checkpoints in Kansas City
Police set up checkpoints to catch DUI drivers. They must follow rules:
- Stops must be brief
- Checkpoints must be publicly announced
- Officers must follow a set plan
If these rules are broken, a lawyer can fight the stop in court.
What If You Weren’t Driving?
You can be charged with DUI even if the car wasn’t moving.
Missouri law says you must be “in control” of the vehicle. Having keys in the ignition can count as control.
A lawyer can argue:
- You were not driving
- You were not in control
- You were resting or asleep
This can be a strong defense depending on the case.
What About Prescription Drugs?
Driving while impaired on prescription drugs can still lead to a DUI. Even legal medications can cause impairment. The law does not excuse this. Tell your lawyer about any medications you took. They can build a proper defense.
Repeat DUI Charges
If you have prior DUI charges, penalties increase.
- Longer jail time
- Bigger fines
- License loss grows longer
- You may face felony charges
Your lawyer can check if old charges still apply. They may help reduce penalties or arrange treatment programs.
Can You Fight a DUI Charge?
Yes. Many cases can be challenged.
Common defenses include:
- Illegal traffic stop
- Faulty breath or blood tests
- Faulty equipment
- Lack of probable cause
- Medical conditions mimicking intoxication
An experienced DUI lawyer knows how to find these issues.
What If You Plead Guilty?
Pleading guilty means accepting penalties. You may:
- Pay fines
- Serve jail time
- Lose your license
- Gain a criminal record
Always talk to a lawyer before pleading guilty.
DUI Education and Treatment
If convicted, you may need to:
- Attend the SATOP program
- Complete community service
- Undergo alcohol or drug treatment
- Attend victim impact panels
These programs may help reduce penalties or get your license back sooner.
How Much Does a DUI Lawyer Cost?
Costs vary. Some lawyers charge flat fees. Others bill by the hour.
Factors affecting cost:
- Case difficulty
- Whether the case goes to trial
- Lawyer’s experience
Many lawyers offer free initial consultations. Ask what is included before hiring.
How to Choose a Good DUI Lawyer
Look for:
- Experience in Missouri DUI law
- Success in DUI cases
- Honest and clear communication
- Clear fee structure
- Good reputation in Kansas City
Avoid lawyers who promise guaranteed wins. Good lawyers are honest and realistic.
FAQs
1. Am I allowed to be fired or face other disciplinary action from my employer for a DUI?
Yes. It is entirely possible to be terminated by your employer due to a criminal background traced to your driving or bad driving history.
2. Can I get a DUI off of my driving record?
In Missouri, you have certain limited expungement options for you that have specific stipulations and you will need to wait 10 years, but I recommend you get an attorney to see if you can even get an expungement.
3. Will I go to jail for my first DUI?
Not always. It really depends on the charge you get and your prior history.
4. Do I get charged for a DUI for my BAC being below .08?
Yes. An officer can still charge you for a DUI with your BAC being below the limit of .08 and feeling that you are still impaired.
5. How long is a DUI case?
A case can take anywhere from a few weeks, like a court case, to months if you plan to get through a trial.
Act Quickly After a DUI
You only have 15 days to request a hearing to save your license. Evidence is easier to find right after the arrest. Contact an experienced Kansas City traffic lawyer as soon as possible. The right help can protect your future.