Drunk Driving Basics

Accused of Drunk Driving
(for Missouri and Kansas )

Driving while intoxicated (DWI) or driving while under the influence of alcohol or narcotics (DUI) is a serious offense. If anyone was injured by your actions, you may face serious criminal or even vehicular manslaughter charges.

If this is your first offense and no injury is involved, the consequences could be as light as a fine and a suspended license. But be aware: Even first-timers are going to jail these days.

If you have previous arrests, you face stiffer penalties. Your previous record will be a factor, regardless of whether you had a prior arrest or stop “taken care of”. Even if the prior arrest doesn’t appear on your official driving record, it will most likely appear in records available to law enforcement and the prosecution.

However, in many cases, even with a second or third offense, an experienced lawyer, like me, may be able to keep you from going to jail.

If you are convicted of DWI/DUI, you will lose your driver’s license. In Missouri or Kansas, if your blood alcohol content is more than .08 percent, the law enforcement officer is required by law to take your license immediately. This can be reviewed in an administrative hearing, but you must request a review as soon as possible. In Missouri, you have 15 days to request a review in writing. In Kansas, you have just 10 days. If you miss the deadline, you have no further chance to appeal.

License suspension or revocation (because of a B.A.C. in excess of .08 or a Refsal to take the test) can last from 30 days to one year — sometimes it is permanent. The rules covering loss of license are complicated. If you have questions, please contact me or at least speak with another qualified criminal defense attorney.

If you refuse a breath test, the officer will immediately take your license, and your license will be suspended for at least one year. This can be appealed, but in Kansas, you only have ten (10) days to file an appeal based on a Refusal. In Missouri, you have thirty (30) days, but you must file a Petition the Circuit Court.