Missouri DWI Attorneys Giving You the Representation You Need for DWI Arrests

For many people, drunk driving is something that happens to someone else. While most Americans acknowledge there are drivers on the road who are under the influence, few people ever think of themselves as the one who’s driving while intoxicated. The fact is that drunk driving is more common than many people would like to think.

A recent survey found that 43% of all Americans have driven while intoxicated. About half of those respondents had been pulled over as a result. This means there are good odds you could find yourself facing a DWI charge at some point in your life.

What Qualifies as Driving While Intoxicated under Missouri Law?

Many people know that a blood alcohol content (BAC) of 0.08% or more places someone above the legal limit. You may think this is all that is required to charge someone with a DWI. This is a mistake. Missouri Revised Statute § 577.010 states that an individual commits the crime of driving while intoxicated if you operate a vehicle in an “intoxicated condition.”

Technically, anyone who has consumed any amount of alcohol, drugs, or a combination is “intoxicated.” This even includes prescription drugs you are taking under the supervision of a doctor or some over-the-counter (OTC) medications that can potentially impact your ability to focus. This means even if your level of intoxication is not impacting your ability to drive, if you are pulled over for any reason and a police officer determines you have been drinking or using drugs, you can still be charged.

For example, say you have been drinking and accidentally run a stop sign. A police officer pulls you over. If the police officer determines you have been drinking or are intoxicated, you can still be charged with a DWI even if your BAC is under .08%.
Note that while some states recognize a distinction between driving while intoxicated (DWI) and driving under the influence (DUI), in Missouri, there is no difference.

What are the Legal Consequences for Driving While Intoxicated under Missouri Law?

DWI can have a severe social, financial, and medical impact, including destruction or public or private property, severe injury to yourself or others, and even death. Because of this, the state of Missouri takes DWI cases very seriously. Even a first offense can have long-term consequences.

A first-time DWI conviction is considered a Class B misdemeanor under Missouri law. This carries with it a six-month jail sentence and a fine of up to $1,000. It also comes with an automatic 90 day suspended driver’s license. You will also be required to attend a court-sanctioned DWI program to prevent future incidents. Unlike some offenses, a DWI conviction will remain on your record for the rest of your life, even if it was your first offense. Additionally, if you caused any property damage while driving under the influence, or if you hit another driver and caused injuries or if the crash resulted in the death of another driver, the penalties become more severe. This is even if you have never had a DWI conviction before.

If you have been convicted of a DWI in the past and are arrested and convicted a second time, the penalties automatically become more severe. A second DWI conviction automatically becomes a Class A misdemeanor, which carries a minimum of a mandatory 10-day jail sentence, plus up to one year in jail and up to a $2,000 fine.

If you have more than two DWI convictions and are arrested and charged one or more times, you become classified as a repeat offender under Missouri law. There are different classifications of repeat offenders based on how many times you have been arrested or if you have been charged with crimes connected to a DWI, such as resisting arrest or vehicular manslaughter. The tiers of repeat offenders are:

• Persistent Offender: You have at least two prior DWI convictions and/or have been charged with additional crimes connected to a DWI. DWI is now classified as a Class D felony, punishable by up to seven years in prison.
• Aggravated Offender: You have at least three prior DWI convictions and/or convictions for DWI-related or violent offenses. DWI is now classified as a Class C felony, punishable by up to ten years in prison.
• Chronic Offender: This is the most severe level of repeat offender. You can be charged as a chronic offender if you have at least four prior DWI offenses and/or other DWI-related or violent offenses. A conviction automatically results in a minimum five-year prison sentence and up to fifteen years in prison.

While a first-time DWI conviction alone can have a lasting impact, repeat convictions can severely inhibit your quality of life. Being labeled a repeat offender means State of Missouri considers you to be a significant danger to yourself and others. This is a stigma that can last the rest of your life.

What Should I Do if I’m Arrested for DWI in Missouri?

If you or a loved one have been arrested for DWI, don’t hesitate to contact the law offices of Missouri DWI and Criminal Law Center at Benjamin Law Firm, located at 8427 Clint Drive, Belton, MO 64012. We’re located a mile East of Belton Regional Medical Center and three miles northwest of Belton Memorial Park. Our highly trained criminal defense attorneys are well versed in Missouri DWI law. We can help you or your loved one avoid jail time and a conviction that can last with you the rest of your life.

Many people arrested for a DWI, especially their first offense, think it’s easier to simply go to court and either plead guilty or accept a deal. This is a mistake. Even a first offense can have lifelong consequences. If you’ve been convicted of a DWI before, you especially want an attorney on your side.

If you or a loved one have been arrested for DWI, contact Missouri DWI and Criminal Law Center at Benjamin Law Firm today at 816-322-8008 or email us for a free consultation with one of our agents. Don’t let a mistake many people make ruin the rest of your life.