Understanding DWI Charges: What You Need to Know
Driving while intoxicated (DWI) charges are an unfortunate but common offense in Kansas City. If you’ve been pulled over for suspected drunk driving, the consequences can often be severe, including fines and even potential jail time. Therefore, it’s important to understand how these charges work and what steps you can take to handle the situation.
When you work with my firm, Jeff Jarrett Law Office in Kansas City, Missouri, my goal is to cover various aspects of DWI charges, from the legal definitions to the penalties and defenses you might face. Whether this is your first encounter with the law or you’re trying to understand the process better, this information can help guide you.
Understanding DWI in Kansas City
In Kansas City, DWI generally refers to the act of operating a motor vehicle while impaired by alcohol or drugs. In Missouri, the legal blood alcohol concentration (BAC) limit is 0.08%, according to The National College for DUI Defense.
However, even if your BAC is below this level, you can still be arrested if the police believe you are impaired due to alcohol, drugs, or a combination of both. DWI charges can be made based on a variety of factors, including field sobriety tests and officer observations.
When a person is charged with DWI, the court will typically look at the evidence presented, which may include breathalyzer results, field sobriety test outcomes, and the officer’s testimony. Since Missouri takes drunk driving very seriously, the penalties associated with DWI charges can be harsh, and a conviction can result in long-term consequences.
Penalties for DWI Charges
DWI penalties vary depending on whether the offense is a first-time charge or a repeat offense. However, being convicted of a DWI in Kansas City is a serious matter. Below is a breakdown of possible penalties for a DWI conviction in Missouri:
First offense: A first-time DWI charge can result in fines, license suspension, and mandatory alcohol education programs. The driver may face up to six months in jail, although many first-time offenders are placed on probation instead.
Second offense: A second DWI charge can carry harsher penalties, including longer license suspension periods, higher fines, and possible jail time. If convicted, the court may also require the installation of an ignition interlock device in your vehicle.
Third and subsequent offenses: A third DWI conviction can lead to more severe penalties, including longer license suspension periods, higher fines, and potential prison time. Repeat offenders may also face mandatory alcohol treatment programs, and their vehicles may be impounded or fitted with an ignition interlock device.
The consequences of a DWI conviction can also extend beyond the courtroom. You may find it difficult to secure employment or travel, as having a criminal record can impact your reputation. In addition to legal penalties, you may face significant financial costs with a DWI, such as fines, insurance premiums, and court fees.
DWI and Insurance Consequences
In addition to the legal penalties, a DWI conviction can have a lasting impact on your insurance premiums. Drivers convicted of DWI are considered high-risk by insurance companies, which can result in significantly higher premiums. In some cases, your insurance company may even drop your coverage altogether.
If you’re required to maintain an SR-22 form—proof of insurance for high-risk drivers—this will add to your expenses. SR-22 forms can be costly and may need to be maintained for a set period, depending on the severity of the offense. This can add considerable financial strain on top of other penalties.
DWI-Related License Suspension
In Missouri, a DWI conviction can lead to the suspension of your driver’s license. For a first offense, your license may be suspended for 30 days, followed by a restricted driving period.
If you have multiple offenses, the suspension period can be much longer, and you may be required to use an ignition interlock device or comply with other restrictions. It’s important to note that a restricted license allows you to drive to and from work, school, and other necessary activities, but it doesn’t give you free rein to drive anywhere.
You must comply with these restrictions to avoid further penalties. A traffic attorney can help you understand the specific conditions of your license suspension and work toward minimizing the impact on your daily life.
An Overview of Field Sobriety Tests and Chemical Testing
When you’re stopped on suspicion of DWI, the officer will likely ask you to perform a field sobriety test. These tests are designed to evaluate your coordination, balance, and ability to follow instructions. While some people may pass these tests without issue, others may have difficulty even if they’re sober.
Certain medical conditions, fatigue, or nervousness can affect your performance. In addition to field sobriety tests, the officer may request that you submit to chemical testing, such as a breathalyzer or blood test, to measure your BAC. However, refusing to take a chemical test can often have immediate consequences, such as a longer suspension of your driver’s license.
The state operates under implied consent laws, meaning that if you drive in Missouri, you’ve already agreed to submit to chemical testing if an officer has probable cause to believe you’re driving under the influence.
If you refuse to take a breathalyzer or blood test, the officer may arrest you, and your refusal could be used as evidence in court. However, in some cases, a breathalyzer or blood test may be flawed, leading to inaccurate results. This is where a traffic attorney can help, as they’ll examine the circumstances surrounding the test and whether it was conducted correctly.
How a Traffic Attorney Can Help
If you’re facing DWI charges in Kansas City, it’s crucial to speak with a traffic attorney. Having professional legal assistance can make a significant difference in the outcome of your case. A traffic attorney will review the evidence, including any field sobriety tests, chemical testing results, and police reports, to assess whether the arrest was lawful.
A traffic attorney can also explore various defenses to DWI charges. Some possible defenses include:
Improper traffic stop: If the officer didn’t have probable cause for stopping your vehicle, the evidence gathered during the stop may be inadmissible.
Faulty field sobriety tests: If the officer conducted field sobriety tests incorrectly or if there were factors that influenced your performance (such as medical conditions or environmental factors), these tests may not be reliable.
Inaccurate breathalyzer results: Breathalyzer machines must be calibrated regularly. If the machine wasn’t properly maintained, the results may not be accurate.
Duress or medical condition: If you had a medical condition that affected your ability to operate the vehicle safely or your ability to pass field sobriety tests, this may be a valid defense.
A traffic attorney in Kansas City will also be able to advise you on the potential consequences of your DWI charge and help negotiate a plea bargain if necessary. For example, if you’re facing a first-time offense, a traffic attorney may be able to help you avoid jail time by pushing for probation or enrollment in a rehabilitation program.
Reach Out to My Firm Today
If you’ve been charged with DWI, it’s crucial to act quickly. In Missouri, you have only 15 days from the date of your arrest to request a hearing to contest the suspension of your driver’s license. Failing to do so may result in an automatic suspension, regardless of the outcome of your criminal case.
In addition, gathering evidence early in the process is key. Eyewitnesses, video footage, and expert testimony can all play a role in building a defense. An experienced traffic attorney can help you gather this evidence and see that it’s presented in the best possible way during your trial.
DWI charges can affect your life in many ways, but with the right legal guidance, you can protect your rights and work toward a resolution that minimizes the impact on your future. I provide experienced legal services in the Kansas City Metro area, including Lee’s Summit, Missouri, and Liberty, Missouri. I also serve clients in Overland Park, Kansas, and Lawrence, Kansas. Reach out to me at Jeff Jarrett Law Office in Kansas City, Missouri today.