Multiple DWI Lawyer in Kansas City

Helping Clients Avoid Harsher Penalties for Repeat Offenses

When someone operates a vehicle under the influence of alcohol or drugs, they can be arrested and charged with driving while intoxicated (DWI). While a first-offense DWI conviction is a Class B misdemeanor according to Missouri law if there are no aggravating circumstances, multiple convictions can quickly increase these charges to the felony level. Furthermore, while a first DWI may be viewed as a mistake and warrant more leniency, the prosecution tends to take multiple DWI arrests more seriously. This means you need an experienced defense attorney to represent you every step of the way.

If you’ve been arrested for drunk driving and you have a previous DWI conviction, contact Benjamin Law Firm, LLC today. We help clients with multiple DWIs understand how this affects their charges and potential penalties and what options they have to mitigate the consequences.

How Does Missouri Classify Repeat DWI Offenders?

While other states may not make a distinction between the different levels of multiple DWI offenders, Missouri does. There are five different categories someone can be labeled under depending on how many previous convictions they have and whether there were any aggravating circumstances.

Prior Offender

Someone can be classified as a prior offender if they have any previous DWI convictions. If you were arrested but not formally charged, the charges were dropped, or you were acquitted, this does not count as a prior DWI offense for these purposes. If someone is a prior offender, the DWI charges can be escalated to a Class A misdemeanor.

Persistent Offender

A persistent offender is the next step up and is defined as someone who has at least two previous DWI convictions. This label can also apply if there is only one previous DWI but it involved an accident resulting in death or injury. A DWI charge for a persistent offender is a Class E felony.

Aggravated Offender

To be classified as an aggravated offender, the person must have at least three previous DWI convictions. Someone with only two previous convictions can also be labeled an aggravated offender if one of those instances resulted in death or injury. Aggravated offenders are generally charged with a Class D felony.

Chronic Offender

A chronic offender is the second most serious classification for those with multiple DWIs. Chronic offenders are those with at least four previous DWI convictions. As with the other levels, it’s possible to be labeled a chronic offender with fewer convictions. Three convictions with two involving injury or death qualifies, as does two convictions where both involved injury or death. A DWI charge as a chronic offender is a Class C felony.

Habitual Offender

Missouri law reserves the most serious charges and the harshest potential penalties for those labeled habitual offenders. A habitual offender has at least five previous DWI convictions, has four convictions with at least one resulting in death or injury, or has three convictions with at least two resulting in death or injury. A habitual offender can be charged with a Class B felony.

When Does a DWI Become a Felony?

A DWI is still a Class A misdemeanor even if someone has one prior offense as long as there aren’t other factors, such as causing a wreck that resulted in injury. However, once someone has two previous DWI convictions, the third can be charged as a Class E felony.

More serious felony charges can result if someone has multiple DWI convictions and at least one has resulted in the death or injury of another person. Once someone is labeled a habitual offender, this can mean that another DWI charge is a Class B felony. It’s even possible to be charged with a Class A felony if you have multiple DWI convictions that involved the death of another person.

What Are the Consequences for Multiple DWI Convictions?

Many people are under the mistaken belief that drunk driving offenses are more like traffic infractions and don’t carry serious penalties beyond having your driver’s license suspended. However, DWI charges are criminal charges, which means they can result in serious criminal penalties, including the following.

• Jail or prison time: First- and second-offense convictions are misdemeanors, which means any time spent incarcerated is in the jail and the prison system. A first-offense DWI is punishable by up to six months in jail, while a second-offense DWI carries a potential sentence of one year in jail. Felony charges carry longer potential sentences, with up to four years for persistent offenders, seven years for aggravated offenders, 10 years for chronic offenders, and 15 years for habitual offenders
• Fines: Class E through C felonies carry a maximum potential fine of up to $10,000. The fine for a second-offense DWI that is charged as a misdemeanor is up to $2,000
• Driver’s license suspension or revocation: While a first-offense DWI can result in a 90-day suspension of your driver’s license, the penalties for a second or subsequent offense are much longer. Depending on how many prior convictions you have, your license could be suspended for 1-10 years
• Having to use an ignition interlock device: Those who have been convicted of multiple DWIs are required to use an ignition interlock device on their vehicle for at least six months after their license is reinstated

In addition to these legal penalties, there can also be societal repercussions. Having a felony conviction on your record can make it harder to find employment in some industries. If your job requires you to drive as part of your duties, you could lose your existing position as well.

When you’ve been charged with a DWI, it’s important to do everything you can to fight the charges, especially if you already have a previous conviction. The team at Missouri DWI & Criminal Law helps you do just that.

What Is the Process to Get Your License Back After a License Suspension?

After you have served your sentence and your period of suspension is over, there are certain steps you have to take to get your driver’s license reinstated. You must pay all fines associated with the violation, including the reinstatement fee. You must also show proof that you are carrying liability insurance and that you completed a Substance Awareness Traffic Offender Program. An ignition interlock device is required to be installed on the vehicle at your cost. If your driver’s license was revoked entirely and you are eligible for reinstatement, you may have to start the process over, including retaking both the written and the car portion of the driving test.

How Can Kansas City Multiple DWI Lawyer Help Me?

It’s clear that being arrested for a DWI if you have a previous conviction is a serious matter that requires an experienced DWI attorney. You need someone who understands how these situations work and how the prosecution is likely to approach your specific case. An attorney can evaluate the evidence against you and consider how a previous conviction factors in when determining the right defense strategy. With the help of a lawyer, it’s possible to have charges dropped or reduced or negotiate a plea deal that would result in a lesser sentence.

Call 816-846-2219 today to schedule an appointment with a DWI attorney at the Benjamin Law Firm, LLC. We’re here to help you navigate this challenging time so you can start moving forward with your life.