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Can You Get a DUI Without a BAC in Kansas City, MO?
Many people believe that they can only get a DUI conviction if their blood alcohol content or blood alcohol concentration (BAC) level measures above the legal alcohol limit. While this might be true in other places, the legal position on the issue differs in Kansas City, MO. So, if you were wondering whether you can get arrested and charged with a DUI under Missouri law, the answer is yes. It is possible to get a DUI without a BAC in Missouri. This occurs when you’re arrested for driving under the influence of drugs or any controlled substance. In such cases, a BAC is irrelevant. Keep reading to learn about DUI & DWI offenses in Kanas City, MO, and how an experienced criminal defense attorney can help you.
When Can You Get a DUI Without a BAC in Missouri?
A DUI or DWI in Missouri involves driving a motor vehicle while intoxicated by alcohol, and drugs, including ( prescription medication) or controlled substances such as cocaine or heroin. Thus a BAC measures the legal limit as regards one aspect of DUI crimes-drunk driving, after administering breathalyzer tests.In light of the fact that the BAC approach does not work when it comes to drug-related DUIs, what evidence does a police officer need to establish that a DUI has occurred as a result of drugs? For such situations, Missouri law provides for the administration of a chemical test, including breath or blood tests, on any person suspected of driving under the influence of drugs by police officers. If the breathalyzer or blood test shows the presence of drugs in the suspect’s body system, a drug-related DUI charge would likely follow.In addition to a breath or blood test, the arresting officer may initiate field sobriety tests to prove intoxication.
What Is the Penalty for a DUI Without a BAC in Missouri?
The penalties for driving while under the influence without a BAC are the same as those for a DUI with a BAC. DUIs in Missouri are classified as felonies or misdemeanors depending on their severity and whether the accused is a first-time offender or has prior DWI convictions. A misdemeanor DUI is generally punishable by up to six months in jail and a $1,000 fine. A conviction could also lead to an automatic suspension of your driver’s license. If you are convicted of two or more DUIs within ten years, you may be required to install an ignition interlock device on all vehicles registered in your name, in addition to other penalties. The penalties get progressively more severe with the number of repeat offenses. An 8th DWI conviction, for instance, is a felony that carries a life sentence, with a minimum of 10 years in prison.
How an Attorney Can Help
If you need more than just quick facts on Missouri DUIs or have questions such as, “can I lose my license for a DWI arrest?” an experienced DUI attorney in Kansas City, Missouri, can help. Your attorney can help you understand your position if you’re facing drug-related DUI charges and work with you to formulate a suitable strategy for your case. Consider hiring an attorney to represent you during your trial and help you avoid a conviction where possible. The Benjamin Law Firm, LLC can assist you if you need an attorney to defend you against DWI/DUI charges in Kansas City. You can schedule a free consultation to speak with one of our diligent DWI attorneys and get started with your defense. Contact us as soon as possible, and we can face the criminal justice system together.
