A Missouri DUI offense is not to be taken lightly. It’s a charge of driving drunk or on drugs. Missouri DUI is tough law. The punishment is fines, jail, and revocation of your driver’s license. But you don’t have to settle for the penalty without giving it a fight. Knowledge of your rights is what safeguards them as well as your future.
What Is a DUI in Missouri?
A DUI is when you’re operating with 0.08% or more alcohol in your system. They’ll arrest you if you’re under the influence of narcotics, even prescription medication. The police will classify you as a DUI if they notice signs of unusual driving or if you fail roadside tests.
How Does the Police Determine a DUI?
The police officer will more often than not pull you over for a reason. You might be speeding, weaving, or traveling too slowly. They get you out of the car and administer field sobriety tests. They test your coordination and balance. They can also force you to blow into a breathalyzer to determine your BAC. The police can on occasion draw blood or urine. If the tests indicate impairment or high BAC, they will arrest and charge you with DUI.
Typical DUI Defense Strategies in Missouri
You are entitled to your rights when charged with DUI. You can challenge the charge through different defense strategies. Your attorney will review the facts to search for loopholes in the case against you.
1. Questioning the Legality of the Traffic Stop
Police have to have a reason for stopping you. That’s “probable cause.” If they stop you unjustifiably, your traffic defense lawyer in Kansas City can request that evidence be discarded. For example, if you were stopped for driving at night or in front of a tavern and you had no other reason to suspect something, that won’t do.
2. Field Sobriety Tests Questioning
Field sobriety tests are not strictly perfect. They may be influenced by numerous factors. Inadequate lighting, uneven surfaces, or medical conditions such as injury may result in your failing them. Even fear or anxiety may influence you. Your lawyer may plead that these tests were unreliable in your situation.
3. Breathalyzer and Blood Test Refusal
Breath tests and blood samples are standard on DUI stops, but they’re not flawless. Machines must be calibrated and operated correctly. If the machine wasn’t functioning properly or the officer wasn’t, then the result can be rendered invalid. Blood samples can become contaminated or mislabeled. Your defense attorney will review all testing protocols to look for mistakes.
4. Denying That You Were Under the Influence
Even if your BAC is above the legal limit, this does not necessarily mean you are impaired. There are people who can drive equally well at higher BAC levels. Your lawyer will be able to provide evidence that your driving was not impaired and that you were not drunk.
5. Medical Conditions or Medications
Certain medical conditions or medication will impact test results. Diabetes, acid reflux, or some prescription medications will render breath tests to be false positives. If so, your attorney will create medical evidence to support your defense.
Why Hiring a Missouri DUI Lawyer Makes a Difference
Missouri DUI law is complex. It’s criminal law and administrative law. Your attorney who knows DUI knows the codes, the court rule, and the judges here. They assist you with the best defense possible.
Missouri also has an “Implied Consent” statute. What it does is make the police able to test your BAC when you operate a vehicle. Refusal to be tested can result in having your license suspended. You can be assisted with such personal matters of license by an experienced attorney.
What to Do When You Have Been Arrested for DUI
- Stay calm and do not argue.
- Do not apologize or admit.
- Demand a lawyer right away.
- Comply with all court orders and appear at all hearings.
- Make photocopies of all your case files on a photocopier.
- Do not report on your case on the internet or to a stranger.
Missouri DUI Penalties You Need to Know
Penalties differ depending on your BAC, if you were in an accident or not, and if you have prior DUIs.
- First offense: $500 maximum fine, 1 year maximum in jail, license suspended from 90 days to 1 year.
- Second offense: $1,000 maximum fines, 1 year maximum in jail, longer license suspension.
- Third offense: third-degree felony, 7 years maximum in prison, heavy fines, longer suspension.
- Aggravated DUI: if you had a child in the car, or you injured or killed someone, the sentence actually gets much worse.
You might also receive community service, alcohol education, and probation.
Missouri’s Administrative License Suspension
The Missouri Department of Revenue may also suspend your license without appearing in court. This is an administrative license suspension (ALS). You receive it if you are asked to take a BAC test and refuse or fail it. You have only 10 days in which you may request a hearing to contest the suspension. If you let this pass, your license is suspended automatically.
What Happens in Court?
When you are arrested, the court will hold an arraignment. You plead guilty or not guilty here. Most of the cases are sent to pre-trial or trial. Your dui defense lawyer in Kansas City is able to negotiate with the prosecutor and have charges reduced or dismissed. If you go to trial, the prosecutor will be required to prove you guilty beyond reasonable doubt. Your lawyer will present evidence, call witnesses to testify and cross-examine prosecution witnesses. Charges are dismissed in a few cases when the prosecution case is weak.
Is It Possible to Beat a Missouri DUI Charge?
Most of the DUI charges get dropped or reduced. Every case is different. It is based on facts, evidence, and your lawyer’s skill. Defending a DUI saves your driver’s license, reduces fines, and avoids an arrest record from appearing on your name.
Frequently Asked Questions on DUI Defense in Missouri
1. Am I permitted to refuse a breath test in Missouri?
Yes, but it will cost you. You will have your license suspended for a year. Your attorney can try to contest the suspension.
2. How long will it take to resolve a DUI case?
Most are completed within a few months. Some are wrapped up quickly, and some are tried and are longer-lasting.
3. Will I lose my driver’s license immediately upon arrest?
Your license will be suspended when you are arrested. The Missouri Department of Revenue will suspend your license if you fail or refuse to take the test.
4. Do I have previous DUI convictions?
Repeat offenders are punished more severely. Repeat offenders can be sentenced as a felony and can remain in jail for longer periods.
5. Can I get my charge reduced for DUI?
Yes. Charges can be downgraded to lesser charges like reckless driving in some situations.
Final Words
It is hard but not impossible to defend a Missouri DUI. You need good counsel and a good defense. Don’t waste any time getting an attorney. Your career is on the line. If you would like me to include more on a particular defense or defining legal jargon, please just let me know!