How to Defend Against a DWI Charge
Driving While Intoxicated (DWI) charges in Missouri carry serious consequences that can impact a person's freedom, financial stability, and reputation. If you face a DWI charge, it’s crucial to understand your rights and the defenses available under Missouri law.
Missouri law defines DWI as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or driving under the influence of alcohol or drugs to a degree that impairs your ability to drive safely. The state takes DWI offenses seriously, and penalties escalate with repeated offenses or aggravating factors such as accidents or injuries.
Working with an experienced DWI attorney can make a significant difference in how your case proceeds and ultimately resolves. At the Jeff Jarrett Law Office in Kansas City, Missouri, I can help you understand the legal process, challenge the evidence against you, and build a strong defense tailored to your situation.
My goal is to protect your rights and work toward a favorable outcome for your case. Let’s explore how to defend against a DWI charge in Missouri, what legal options are available, and why hiring a skilled DWI attorney is beneficial for protecting your rights and interests.
Missouri DWI Laws and Penalties
Before exploring defense strategies, it’s important to grasp Missouri’s DWI laws. Missouri classifies DWI as a criminal offense, with varying degrees depending on the circumstances and number of prior convictions.
First offense: Generally a misdemeanor with penalties including fines, possible jail time, and license suspension.
Second offense: Usually more severe, possibly a felony if within a short timeframe, with increased fines and longer jail terms.
Third or subsequent offenses: Felony charges with mandatory imprisonment and long-term license revocation.
Missouri also imposes administrative penalties through the Department of Revenue, including automatic license suspension for failing or refusing a breathalyzer test. These administrative actions happen regardless of criminal prosecution outcomes.
Because of the serious nature of DWI charges and the nuances in Missouri law, having a DWI attorney familiar with local courts and statutes is vital.
Common Grounds to Defend Against a DWI Charge
Defending against a DWI charge involves carefully examining the circumstances of your arrest, the evidence against you, and whether law enforcement followed proper procedures. Common defenses used by DWI attorneys in Missouri include:
Challenging the Traffic Stop or Arrest
A law enforcement officer must have reasonable suspicion or probable cause to stop your vehicle and arrest you. If the stop lacked legal justification, any evidence obtained may be suppressed, weakening the prosecution's case.
Questioning the Accuracy of BAC Tests
Blood Alcohol Concentration tests, such as breathalyzers or blood draws, must be performed correctly using calibrated equipment. Mistakes in administration, equipment malfunctions, or improper maintenance can lead to inaccurate results.
Disputing the Field Sobriety Tests (FSTs)
Field sobriety tests are subjective and can be affected by weather, medical conditions, or nervousness. Defenses can highlight that poor performance on FSTs doesn’t conclusively prove intoxication.
Procedural Errors or Violations of Rights
Failure to advise the defendant of the right to counsel, improper handling of evidence, or violations of the Fourth Amendment protections against unreasonable searches can serve as a defense.
Medical Conditions or Other Factors
Certain medical conditions or medications can mimic signs of intoxication, providing an alternative explanation for the arrest. An experienced DWI attorney will thoroughly investigate these issues to build a strong defense tailored to your case.
Steps to Take Immediately After a DWI Arrest
What you do after a DWI arrest can influence the outcome of your case. Here are important steps to take:
Remain calm and respectful: Cooperate politely but don’t admit guilt or consent to unnecessary searches.
Exercise your right to remain silent: You can refuse to answer questions beyond basic identification without a lawyer present.
Request a DWI attorney promptly: Ask for legal representation as soon as possible to protect your rights during questioning and legal proceedings.
Document everything: Write down details of the arrest, including officer behavior, conditions of the stop, and any witnesses.
Attend all court hearings and comply with conditions: Missing court dates or violating bail conditions can worsen your case.
Taking these steps while working closely with a skilled DWI attorney improves your chances for a favorable result.
Why Hiring a DWI Attorney Is Crucial in Missouri
Many people underestimate the intricacies of DWI cases and the legal knowledge required to defend them effectively. A qualified DWI attorney brings several advantages:
In-depth knowledge of Missouri law: DWI attorneys understand state-specific statutes, penalties, and court procedures.
Experience with local courts and prosecutors: Familiarity with judges and district attorneys enables the attorney to anticipate strategies and negotiate effectively.
Ability to scrutinize evidence and police conduct: DWI attorneys can spot weaknesses or violations that may lead to case dismissal or reduced charges.
Protecting your rights throughout the process: From arrest to trial or plea bargaining, your attorney acts as your advocate.
Negotiating plea deals or alternative sentencing: When appropriate, attorneys can secure less severe penalties or diversion programs.
Because a DWI conviction can lead to license suspension, jail time, hefty fines, and long-lasting stigma, having a DWI attorney is essential to protect your future.
How a DWI Attorney Builds Your Defense Strategy
Your defense begins with a comprehensive review of all evidence and facts. This includes:
Examining the arrest report and dashcam footage: Analyzing details of the traffic stop and arrest procedure for errors.
Evaluating the administration and calibration of breath or blood tests: Requesting maintenance records and authoritative analysis.
Interviewing witnesses and reviewing video surveillance: Collecting alternative perspectives or proof supporting your case.
Assessing the validity of field sobriety tests and officer observations: Considering environmental and physiological factors.
Challenging the legality of the stop or search: Looking for constitutional violations under the Fourth Amendment.
Negotiating with prosecutors: Exploring options for plea bargains, reduced charges, or deferred sentences.
Each case differs, so a DWI attorney will tailor defenses based on individual circumstances and evidence.
Missouri’s Implied Consent Law and Refusal Consequences
Missouri enforces an implied consent law, meaning that by driving a vehicle, you consent to chemical testing if suspected of DWI. Refusing to submit to these tests can result in automatic administrative penalties, including:
License suspension of at least one year for refusal: This suspension is separate from criminal charges and can severely impact your mobility.
Potential use of refusal as evidence in court: Prosecutors may argue that refusal indicates consciousness of guilt.
A knowledgeable DWI attorney can challenge the validity of refusals or help mitigate consequences by reviewing how police handled the request.
Potential Penalties for DWI Convictions in Missouri
Penalties depend on the number of offenses, BAC level, and aggravating circumstances. Common penalties include:
Fines ranging from hundreds to thousands of dollars.
Jail or prison sentences varying from days to years.
License suspension or revocation.
Mandatory attendance at alcohol education or treatment programs.
Community service or probation.
For repeat offenders or cases involving injury or death, penalties can be much harsher, including felony charges. A DWI attorney can work to reduce or avoid these penalties through effective defense or plea negotiations.
Using a DWI Attorney to Preserve Your Driving Privileges
One of the most critical concerns after a DWI arrest is the potential loss of your driving privileges. Missouri law provides mechanisms to challenge license suspensions administratively and in court.
A DWI attorney will help:
File timely requests for hearings to contest administrative license suspension.
Argue procedural or substantive grounds to invalidate suspension.
Advise on temporary permits or restricted driving privileges during proceedings.
Represent you in court to minimize or eliminate license loss.
Maintaining the ability to drive is often key to employment and daily life, making these actions invaluable.
What to Expect During a DWI Trial in Missouri
If your case proceeds to trial, the court will evaluate evidence to determine guilt beyond a reasonable doubt. Your DWI attorney will:
Cross-examine the arresting officers and witnesses.
Present evidence that challenges prosecution claims.
Call expert witnesses, if needed, to dispute BAC results or sobriety tests.
Argue motions to exclude unlawfully obtained evidence.
The goal is to create reasonable doubt that you were intoxicated or driving impaired. Trials can be complicated, so having an attorney skilled in DWI defense is critical to managing the process effectively.
Speak With a DWI Attorney Today
Defending against a DWI charge in Missouri is complicated and demands a thorough understanding of criminal and traffic laws, evidence rules, and courtroom procedures. If you’re facing a DWI charge and you need a dedicated DWI attorney by your side, call me, Attorney Jeff Jarrett. I’m proud to serve clients in the Kansas City Metro area, including Lee’s Summit and Liberty, Missouri, as well as Overland Park and Lawrence, Kansas. Reach out to Jeff Jarrett Law Office today.