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A Smarter Approach To DWI Defense
Drunk driving is one of the most common crimes committed in theUnited States. And it is not always committed intentionally or knowingly. Many responsible social drinkers get pulled over and are horrified to discover that they are over the legal limit.
While DUI/DWI may be common, it is treated very seriously, and anyone charged with the crime faces significant consequences if convicted. That’s why it’s important to work with a DUI defense lawyer who has a strong command of the state’s laws and related procedures. That’s what you’ll find at the Benjamin Law Firm, LLC. We use our knowledge and experience to help you fight your charges or otherwise resolve them in the most favorable manner available.
In Missouri, a standard, first-time DWI offense punishment would be a guilty plea resulting in two years of probation and a suspended sentence (also known as a suspended imposition of sentence, or SIS). Although this doesn’t sound so terrible, bear in mind that DUI charges in Kansas City, MO can also result in losing your license, paying hefty fines, or even facing jail time.
An experienced attorney in Kansas City, MO, can fight and beat the standard option in most cases. Our law firm has a high rate of success for clients in cases against traffic tickets, felony DUI, and other charges. So, if you are charged with DUI, book a free consultation to discuss things with our experienced DUI defense lawyers in Kansas City, MO. We are well-known for maintaining a remarkable attorney-client relationship.
A Local Approach To Each Case
While the drunk driving laws are uniform across Missouri, practices and punishments can vary depending on the county. On the other hand, people often don’t realize the long-term consequences of a DUI/DWI conviction.
If you are facing drunk driving charges, you need an attorney with years of experience in this field because crafting a good DUI defense can be tough. In addition, each prosecutor has a different philosophy and that can make a big difference in criminal defense cases.
Our experienced lawyers have spent considerable time in each of these courts (state and federal court), and we tailor our approach and legal representation accordingly. Moreover, our attorneys are also well-known in the Missouri DWI defense institute.
More Information About DWI Charges In Missouri
There are many factors to consider in a DWI case, and clients often ask similar questions when they come to us. They include:
- Is it a good idea to refuse a breath or blood test?
- Am I at risk of losing my license after a DWI arrest?
- If I do lose it, how can I get my license back?
- I think I need to plead guilty. Are there options to fight my DWI charges?
Protecting Your Rights During A DWI Stop? There’s An App For That.
Our law firm offers a free smartphone app to help you protect your rights during a traffic stop with the police. By downloading the “I Got Stopped!” app, you can:
- Audio record the traffic stop on your device
- Contact a criminal defense attorney
- Send a message to your pre-selected emergency contact
- Read quick tips about what to do during the stop
- Remind yourself of your rights
- Estimate your blood-alcohol concentration
Then I Got Stopped! The app is available for both Android and Apple devices.
What Happens Before a DWI Arrest?
There usually are several phases of the entire DUI process that a police officer conducts when pulling over someone they believe to be intoxicated. One of the phases includes standard field sobriety testing. The officer will look for specific clues during testing, and if he or she observes enough clues of intoxication, the arrest will be imminent.
If this happened to you, the most important thing is to stay calm. The field is rarely the place to fight a Kansas City MO DUI case; court appearances are much better suited for that fight. Of course, with the aggressive legal representation of a skilled DUI defense attorney.
As quickly as possible after your DUI arrest, is the time to begin working with a team of skilled Kansas City DUI and DWI lawyers who can develop a detailed and convincing defense to DWI strategy.
A well-crafted strategy can help reduce your punishment and expunge your charges in court. The thing you have to consider is that strategies for DUI cases are unique for each case. Depending on the circumstances, facts, and details of your case, our expert lawyers in Kansas City will create it to help you. Read on to learn more about how a Kansas City, Missouri, DWI lawyer at The Benjamin Law Firm, LLC can help you.
How Can a DWI Lawyer Kansas City Help
Missouri DUI/DWI laws forbid individuals to operate a vehicle while in an intoxicated condition. It means individuals shouldn’t be behind the wheel under the influence of alcohol, drugs, or controlled substances. In addition, their blood alcohol concentration (BAC) shouldn’t be 0.08% or more, or 0.04% or more in case they are commercial drivers.
To be convicted of drunk driving, the vehicle doesn’t necessarily have to be in motion; it is only required that the driver is in a position to regulate the vehicle’s movements. Although Missouri uses the term driving while intoxicated (DWI), many people still refer to this offense as driving under the influence (DUI).
In addition to the criminal consequences of a Kansas City MO DWI offense, the State of Missouri also imposes driver’s license sanctions, including a suspended driver’s license for a certain period. In case you have a commercial driver’s license or CDL, a DWI/DUI offense can impact your CDL license more heavily than most other drivers, so help from a skilled DWI lawyer in Kansas City can be most welcome.
If a CDL holder is facing a DWI conviction, their CDL may be disqualified for an entire year, even for the first offense, while a non-CDL holder may have their license suspended for 30 days. Having a DWI lawyer in the Kansas City area, you can rely upon can help you save your driving privileges as well as your job and livelihood.
Why Hire A DWI Lawyer in Kansas City, Missouri?
Driving while intoxicated is a serious offense in every state in the United States, including Missouri. An individual who drives while intoxicated puts others in danger as well as themselves, so the consequences are serious. A person who is charged with a DWI/DUI offense will often face a variety of repercussions, which include significant fines, jail time, license suspension for DWI, or a mix of these.
Fighting with those strict charges on your own all alone is very difficult. You need to have experience and information in such cases to protect your rights.
Working with an expert DWI defense attorney in Kansas City, Missouri, will considerably increase the chances that you get a minimum charge for a DUI offense. A skilled traffic lawyer with extensive DWI defense experience will understand how to construct the best DUI defense for each client’s unique situation.
The Kansas City DWI defense lawyers at the Benjamin Law Firm, LLC have an extensive understanding of the legal standards and guidelines regarding DUI and DWI. We will use this knowledge to develop a criminal defense plan to represent you in court and fight for the best possible outcome.
Missouri DWI Law Changes
In Kansas City, MO, drunk driving offenses involve driving with BAC (blood alcohol content) above the legal limit, driving under the impact of drugs, including some prescription drugs, or while intoxicated. Legislators in Missouri invested a significant quantity of time revamping the state’s criminal code to adjust the state’s sentencing laws.
These laws altered the category structure for some felonies and misdemeanors, which might see more severe charges for DUI offenders. The bill came into effect in January 2017.
There are two different areas of the Missouri DWI law that govern the arrest. A DUI consists of two cases: initially, your criminal charges of DWI, followed by the civil side of the case with the Missouri Department of Revenue concerning what repercussions you are dealing with regarding your driver’s license. Whether you will face a license suspension or not will be decided at the driver’s license hearing.
Is DWI a Misdemeanor or a Felony?
The administrative/civil law enters into play if you refuse the BAC tests or if your BAC was above the legal limit. In both cases, without the aid of a Kansas City MO DUI lawyer, you will likely face automatic license suspension or revocation when your 15-day temporary driving permit ends. In addition, Missouri Implied Consent Law allows the prosecuting attorney to tell the jury or the judge you refused to submit to a test. Skilled DUI and criminal defense lawyers will know the best ways to reduce the impact that event may cause.
If this is your very first DUI offense in Missouri and Kansas City, no one was hurt as a result of the event, and you were not under the age of 17 at the time of arrest, it is most likely that the offense will be classified as a Class B misdemeanor.
Minor Kansas City DUI offenses are classified as Class A misdemeanors. Both Class A and Class B misdemeanors are less troublesome than felonies, with the chance for these to be expunged from your criminal record after a certain period.
However, repeat offenders may face felony DUI charges. For example, those convicted of a third DWI offense are considered “persistent offenders.” That means they could face felony charges. As the convictions pile up, the charges and the penalties are becoming harsher.
Bear in mind that you can face a felony DUI charge even with no prior convictions. That may occur if a driver under the influence causes an accident involving criminal negligence and another person suffers injuries, even if they are not severe.
Expungement DUI Lawyers in Kansas City MO
A Kansas City DUI is a serious offense, and even once someone pays their fines, completes community service, or serves their jail sentence, the consequences of a DUI conviction won’t necessarily end. Fighting for your rights goes far beyond simply representing you in court to reduce your charges. If you’ve already been charged with a Kansas City DUI/DWI, it is possible that you could have the charges expunged from your criminal record. At The Missouri DUI & Criminal Law Center, expungements are part of our core practice areas, and we’re here to help.
Can a DWI Be Expunged in Missouri?
Under Missouri law, a person can only have one expungement in his or her lifetime. Additionally, DUI expungements are only available to first-time DUI offenders who’ve been convicted of a misdemeanor DUI. So, if you’ve been convicted of a felony in Missouri (likely a repeat offense or a DWI in which someone was seriously harmed), you will not be able to have your charge expunged. Those with a commercial driver’s license in Kansas City, Missouri are also not able to have DUI convictions expunged from their record.
Laws related to sealing or expunging records can be complicated, and numerous factors can influence the expungement process. If you want to have your record expunged, it’s a good idea to speak to an experienced Kansas City DUI criminal defense lawyer.
Finding a Missouri DUI Attorney
If you are arrested in Kansas City, MO, hiring a local DUI lawyer should be your top priority. A Missouri DWI arrest is often the start of a long journey, as it can take months for charges to be laid. The DWI statute of limitations for the filing of a DWI charge is one year under Missouri law, particularly section 556.036, with felony offenses having a three-year time limit. For that reason, you should immediately begin developing your DWI defense with the aid of a team of Kansas City MO DWI lawyers near you who are well-versed in the Missouri DUI/DWI laws.
Our Kansas City MO DWI Lawyers Can Take Care of Your Legal Issues
If you or a loved one has recently been charged with a DWI in Missouri, the lawyers at the Benjamin Law Firm, LLC is here to help. From examining the results of your blood tests and field sobriety tests to fighting for an expungement in Kansas City and Missouri, you can rely on our firm to provide you with professional and aggressive legal representation during your DUI process.
Contact us today to find out how having a competent, compassionate, and determined DWI defense team on your side can help you fight your felony charges and retain your freedom.
