Missouri Drunk Driving Law

Traffic and criminal laws are different in every state. At the Burmaster Law Firm, we represent drivers charged with DUI or DWI in Kansas and Missouri. Our Kansas City drunk driving defense attorney handles criminal charges and administrative license suspension hearings.

This section provides a quick overview of important information for people who have been charged with drunk driving in Missouri. It covers deadlines, basic penalties, options to resolve DWI / DUI charges, and insurance issues. DWI law is constantly changing and this Web site cannot replace competent legal counsel.

To learn about your rights and legal options after a Missouri drunk driving arrest, please contact our Missouri DWI attorney, Paul Burmaster.

Remember: Every DUI case involves two completely separate legal matters: the DUI criminal charge and the administrative drivers license suspension matter.

Deadlines
If you fail the breath test, you must request a drivers license hearing in Missouri within 15 days. We recommend you send this by certified mail, return receipt requested. Or, you can meet with us for a free initial consultation and our office will fax your request. If you refuse the big breath test or a blood test, you have 30 days to appeal. This is a complex matter and you should contact a lawyer immediately.

Penalties

• 1st Offense
  For a first offense, a defendant may be subject to a fine, jail time, and two years of probation.
• 2nd Offense
  For a second offense, a defendant may be subject to greater fines, a greater chance of jail, and two years of probation. The court may also require an ignition interlock device to ensure that a driver has not been drinking.
• 3rd Offense
  A third offense is a felony. A felony can result in time in the penitentiary, a drug treatment program, fines, and an extended probation. The court may also require that an ignition interlock device be placed on the defendant's car to ensure they have not been drinking.
• 4th Offense
  For a fourth offense, a defendant may be subject to several years in prison.

Insurance
A DUI conviction, or administrative suspension, will usually double or triple a drivers insurance rates. This can cause an increase of $5,000 to $10,000 over a three- to five-year period. This may be the worst consequence of all.

Can I amend or reduce my DWI?
Under Missouri law, a DWI can be amended to a lesser charge in certain circumstances.

Options
There are three options for resolving a DWI in Missouri. A plea bargain, a trial, or an SIS.

• Plea Bargain
  A plea bargain is an agreement between the prosecution and the defendant. The bargain will usually involve dismissing or reducing some charges. Unlike Kansas, in Missouri a DWI can be reduced to a lesser charge in some cases. This may protect your license, keep you out of jail, and even help you keep your job.
• Trial
  DUI trials are much like the trials you see on television or in the movies. The prosecution will put on its case, and the defense will try to poke holes in it to show the reasonable doubt. If the driver is acquitted (found not guilty), then he will suffer no penalty. If he is convicted (found guilty), then the prosecution is free to ask for whatever sentence it wants up to the maximum. The court may or may not follow this recommendation.
• SIS
  SIS stands for Suspended Imposition of Sentence. It is very similar to probation except that if the defendant completes the program then the matter is dismissed. On the other hand, if the defendant fails to complete the program he or she will be found guilty on stipulated facts. In other words, the program is all or nothing. A successfully completed SIS should not increase your insurance rates.

Other Important Issues:

Insurance
A DUI conviction can double or triple your insurance rates and so can a license suspension. It is important to try to beat both or you may pay an extra $5,000 to $10,000 for insurance.

License Reinstatement
Under certain circumstances, you may be eligible for license reinstatement. You should consult an attorney.

Do I Need an Attorney?
Yes. Imagine playing a game where the stakes are high (jail), but you do not know the rules. Yes, you need an attorney.

How Much Does an Attorney Cost?
Each case is different. There are a number of factors to consider. We will be happy to meet and talk with you in a free initial consultation.

DUI or DWI?
At one time there may have been a difference, but today in Missouri they are just different terms for the same thing.

Have you been charged with drunk driving in Missouri? Learn about your rights and legal options in a free initial consultation. Contact our Kansas City, Missouri, DWI attorney, Paul Burmaster.