Abuse and Lose DUI Lawyer in Kansas City Missouri
With impaired driving on the rise, Missouri has introduced stringent laws to tackle this issue head-on. Lawmakers believe that implementing severe penalties and adopting a tough stance is essential in discouraging alcohol-related traffic offenses.
Missouri has a distinct set of regulations under the Abuse and Lose laws, designed specifically for minors involved in alcohol and drug-related crimes. These laws aim to prevent underage drinking-related offenses.
In Missouri, where the legal drinking age is 21, minors are strictly forbidden from possessing, purchasing, or attempting to purchase any alcoholic beverages. Those who breach these regulations can face misdemeanor charges, accompanied by fines and potential jail time.
If you or your child is facing abuse and lose DUI charges in MO, our Kansas City DUI lawyer at KC Defense Counsel is here to help. Call us at 816-287-3787 or submit this contact form to book your free case evaluation.
Understanding Missouri’s Abuse and Lose Law
Missouri Laws are strict about underage alcohol violations, and this is highlighted by the establishment of the DWI Abuse and Lose statute in 2013. This legislation aims to deter individuals under 21 from driving under the influence of drugs or alcohol by enforcing severe penalties, including automatic driver’s license suspensions.
Missouri stands out as one of the few states with an “abuse and lose” system. This legislation imposes severe penalties on individuals aged 15 to 21 for alcohol- or drug-related offenses.
Under the Missouri Abuse and Lose statute, individuals under 21 years stand to face revocation or suspension of their driving privileges if found guilty of:
- Any alcohol-related traffic offense, including possessing or using alcohol while driving.
- Having a blood alcohol content above 0.020%
- Any offense involving controlled or illicit substances.
- Operating a vehicle while possessing or using alcohol.
- Attempting to purchase or purchasing alcohol
- Altering, modifying, or misinterpreting a government-issued driver’s license to operate a vehicle.
- Visible intoxication
- A second offense involving alcohol possession or use by someone under 18.
For a first offense, the license suspension period may be 30 days; for a second offense, it increases to 90 days; and for a third offense, the suspension can last up to one year.
If you are being accused of driving after consuming controlled substances or committing other drug-related offenses, consult a skilled Kansas City DUI attorney to help avoid criminal repercussions, such as having a criminal record.
Consequences of a DWI Conviction in Kansas City, MO
Driving while intoxicated (DWI) is a grave offense that carries severe penalties and the potential for a suspended license. The legal repercussions for those caught operating a vehicle under the influence include:
- Up to one-year suspension of their driver’s license
- Fines reaching up to $1,000
- Mandatory completion of an alcohol education program at their own expense
- Increased liability insurance rates
- Installation of an ignition interlock device on their vehicle for one year following program completion
- Given these severe consequences, it is prudent to seek the assistance of an experienced DUI lawyer in Kansas City to mitigate the charges or
- possibly have them dismissed. For expert advice and representation, reach out to the Kansas City DWI lawyers at KC Defense Counsel.
Call now at 816-287-3787 to schedule an initial consultation.
Common Defenses Against DUI Charges
Navigating DUI charges can be particularly challenging for minors, given the severe consequences involved. Understanding and employing effective defense strategies can significantly influence the outcome of the case.
- Challenging the Legality of the Traffic Stop:
- If law enforcement did not have reasonable suspicion to make the initial stop, any evidence obtained during the stop might be inadmissible in court.
- Disputing Field Sobriety and Breathalyzer Test Accuracy:
- Environmental factors like medical conditions, poor weather, or improperly calibrated testing devices can lead to incorrect results that do not accurately reflect intoxication levels.
- Arguing Lack of Vehicle Control:
- If the minor was not actually operating the vehicle, such as being asleep in a parked car with the engine off, this could serve as a valid defense.
- You Are of Legal Age:
- If you are 21 and above, then you could argue along these lines to have the abuse and lose charges dismissed.
Evidence and witnesses play a crucial role in building a robust defense. Dashcam footage, expert testimony on the reliability of sobriety tests, and statements from witnesses who can attest to the minor’s behavior before or after the arrest can all provide critical support. Witnesses, in particular, can offer valuable insights that challenge the prosecution’s claims and bolster the defense case.
How To Reinstate Your Driver’s License In Missouri, KC
Given Missouri’s strict stance on underage drinking, the courts enforce rigorous criteria for reinstating a driver’s license that has been suspended or revoked under the abuse and loss law.
To regain a suspended or revoked license, you must pay a $45 reinstatement fee and complete a Substance Abuse Traffic Offender program or another similar rehabilitative course.
Additionally, you must submit an SR-22 form as proof of insurance. Repeat offenders with a BAC of over .02% are required to install an ignition interlock device on their vehicle. If your license was revoked for a full year, you will need to undergo a driver’s examination to regain your driving privileges.
During the suspension or revocation period, you can apply for a limited driving permit for essential travel.
Impact of An Abuse and Lose Charge on Criminal Record
For individuals under 21, any violation of Missouri’s abuse and lose law can result in a criminal record. This action appears on their criminal record and can only be expunged five years after reinstatement.
A criminal record can have severe repercussions for minors, affecting their ability to secure loans, job prospects, and admission to educational institutions. To remove this offense from the driver record, you must submit a written request to the Driver Bureau.
Consult a Kansas City DUI Lawyer Today
KC Defense Counsel is a criminal defense law firm committed to assisting Kansas City residents in contesting DUI charges. We defend minors charged under the Missouri Abuse and Lose law, providing robust legal strategies to protect their future.
Our experienced attorneys understand the complexities of DUI cases involving minors and work tirelessly to minimize potential penalties. Take the first step towards safeguarding your rights. Contact us today by calling us at 816-287-3787 or submitting this contact form to schedule a consultation with our KC DUI attorney.
