First-Time DUI Lawyers in Kansas City
Driving under the influence (DUI) is a serious criminal offense in Kansas City, MO. A DUI conviction attracts heavy consequences that can leave you without a driver’s license and a criminal record to your name.
If it is your first time being charged with DUI, your future depends on your ability to present your side of the story in a compelling manner to the judge. As such, it is important that you seek professional legal representation from experienced first time DUI lawyers in Kansas City.
DUI Laws in Missouri
In the state of MIssouri, the terms Driving while Impaired (DWI) and Driving Under the Influence (DUI) are used interchangeably to describe the same offense of operating a motor vehicle while intoxicated.
In this section we will discuss what the law in Kansas City say about DUI offenses.
Legal Blood Alcohol Concentration (BAC)
MO state laws prohibit operation of a motor vehicle with blood alcohol concentration (BAC) level of 0.008% or above. Therefore, if you are caught driving with a BAC exceeding this limit, you will be charged with driving under the influence.
It is also worth stressing that Missouri has even firmer stances for specific groups of individuals as follows:
- Commercial drivers: For people with commercial Driver’s Licenses, the BAC limit is much lower at 0.04% in Missouri.
- Young drivers: Missouri tolerates almost zero alcohol consumption for young drivers. This is because the legal drinking age in the state is 21 years. As such, individuals under the age of 21 years face the strictest DUI restrictions. The BAC limit for young drivers in MO is 0.02%, and anything above this limit can attract a DUI charge.
In Kansas City, a DWI conviction carries a spectrum of civil and criminal penalties. These penalties range from potential revocation of driving privileges to incarceration and fines. The consequences are even harsher for repeat DUI offenders and those caught driving with a BAC level of 0.15% or higher.
Implied Consent Laws Missouri, KC
When you get pulled over under suspicion of drunk driving, the police officer may request to undergo a urine, breath, or blood test to measure your BAC level. You are legally mandated to agree to such a test.
This legal obligation to agree to the test stems from MO implied consent laws. These laws typically create a rule that all drivers who have obtained a license and/or drive on Missouri local roads have automatically agreed to submit to a test of their blood, urine, or breath for BAC levels.
Where law enforcement officers have probable cause to believe you are driving while intoxicated, you must undergo the test. Refusal to take a BAC test could lead to automatic suspension of your driver’s license, fines, or other consequences.
For a first-time refusal, the license revocation period is one year (chemical revocation) but subsequent refusals can lead to harsher penalties. However, the law provides that the implied consent to submit to a BAC test is limited to only two tests for the specific traffic stop, arrest, detention, incident, or charge.
If your driver’s license has been revoked after a refusal to take a DUI BAC test, the law allows you to challenge the revocations. In such a case, you are entitled to request an administrative hearing within 15 days after the revocation.
First-Time DUI Penalties in Missouri
If you have been caught driving with a BAC level of 0.08 or higher in Kansas City, no other evidence is required for you to be charged with DUI. For BAC levels of 0.15% or higher, you will be charged with aggravated DUI.
DUI penalties depend on factors such as your BAC level and if you have had previous conviction. For first-time DUI offenders in Missouri, the offense is classified as a Class B misdemeanor unless:
- The person behind the wheel is under the age of 17 years, in which case the offense is a Class A misdemeanor; or
- You have caused an accident resulting in physical injury or death.
1. Standard DUI offense
For a standard offense (BAC level of 0.08% to 0.14%), the penalties include a maximum incarceration of up to 6 months, a fine of up to $1,000 and/or 30-day suspension of drivers license plus 60 days of restricted driving privileges (RDP).
With an RPD, you can drive but only under specific conditions such as commuting to and from school, work, or alcoholism treatment sessions. However, you must obtain a high-risk vehicle insurance policy (SR-22) to qualify for an RDP in Missouri.
2. DUI with Elevated BAC Level
If your BAC level Is between 0.15% and 2%, you may face a minimum incarceration of 48 hours (or up to five days if the BAC level is over 2%) and a maximum incarceration of up to six months, a fine of up to $1,000 and/ or 90-day suspension of your driver’s license.
The consequences are much more severe if you have been charged with DUI while operating a commercial vehicle. For such cases, two points will be added to your Missouri driving record, and you will be disqualified from driving a commercial vehicle for twelve months.
How Can A Kansas City DUI Lawyer Help?
From the discussion so far, it is clear that a DUI charge can impact your personal freedom. Reputation, and career. Some of the consequences linger long after fulfilling your legal obligations. As such, if you have been charged with DUI, the best way to protect yourself is by hiring experienced Kansas City first time DUI lawyers.
Here are some of the ways a DUI lawyer in Kansas City can help your case:
- Assessing your case: Your lawyer will assess the details of your case, examine the circumstances surrounding the pull over, the interrogations process, and how the BAC test was conducted. Any deviation from established standard legal procedures could be critical in preparing a strong defense.
- Appealing license suspension: Your DUI lawyer can represent you in the administrative hearing to challenge and overturn your license suspension. They can effectively argue the importance of driving to fulfill your daily living activities and why you should preserve your driving rights.
- Negotiating a Favorable outcome: Experienced DUI lawyers are adept at negotiating with state prosecutors. When this happens, they can lessen the charges, reduce sentences, or even have the case dismissed depending on the circumstances of your case.
- Handling all administrative tasks: Your lawyer will manage oll paperwork, communication with other parties involved, and maintaining court dates. This ensures that nothing goes wrong and that your case progresses smoothly.
Why Choose KC Defense Counsel?
As seasoned DUI attorneys, we are experienced in navigating the complex legal system with a keen eye to detail. At KC Defense Counsel, we offer our clients peace of mind with steadfast commitment to your wellbeing, compassion, and professionalism.
Our goal is to support you throughout the process. As the top-rated DUI lawyers near you, we are ready to champion your rights and relentlessly pursue the best possible outcome for your case. To get the best DUI legal counsel in Kansas City, call us at 816-287-3787 or fill out this contact form to book your fee consultation.