Columbia DUI Defense Attorney

In Columbia, Missouri, any driver caught operating a motor vehicle with a blood alcohol content (BAC) of .08 percent or greater will usually be charged with driving while drunk. This is commonly referred to as a 'per se' driving while intoxicated charge. Note, though, that you can be arrested for DUI or DWI even if your blood alcohol content (BAC) is under the presumptive level of .08 percent. Missouri drunk driving cases are usually referred to as driving while intoxicated (DWI). When drugs are involved in the case, it is referred to as driving under the influence (DUI.) If you have questions concerning a DUI charge in Columbia, Missouri, contact Russell L. Powell, a DUI defense lawyer, at (816) 550-3695 for a fast and free consultation.

When you are arrested for DUI or DWI in Columbia, Missouri, you only have 15 (fifteen) days from the date of notice (which is usually the arrest date) to file for an administrative hearing. If you don't file within these 15 days, your driving privileges in Missouri will be revoked for 30 days (thirty days) if your blood alcohol content (BAC) was above .08 percent. In addition, if you refused to take a breath, blood, or urine test after being arrested for DUI or DWI, you could face jail time for up to one year. If you have DUI or DWI questions, contact DUI defense lawyer RUSSELL L. POWELL at (816) 550-3695 for a fast and free consultation about your DUI charge and what your possible defense might be.

FIRST OFFENSE DUI

If you're convicted of a first time DUI it is considered a Class B misdemeanor.

• FINE: Up to $500.00. Court costs generally range between $25.00 and $125.00.
• JAIL: For a first time DUI or DWI conviction in Columbia, you face up to a maximum of six months jail time.
• PROBATION: The terms of your probation can vary a lot depending on where the arrest occurred. Some Courts require community service. Generally, though, the probation terms are complete SATOP in 90 days, no drinking and driving, and do not break any federal, state or local law. Some Courts require supervised probation, while others do not.

Contact defense lawyer Russell L. Powell at 816-550-3695 to talk about the details of your DUI case in further detail.

SUSPENSION OF DRIVING PRIVILEGES:

SECOND OFFENSE DUI

Conviction for a second DUI or DWI within a five year period is a Class A misdemeanor.

• JAIL: Up to a maximum of one (1) year jail time.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second DUI within five (5) years will usually result in a five (5) year revocation of your driving privileges. A hardship license may not be applied for until two (2) of the five (5) year revocation has been served, assuming that you are not otherwise ineligible. This revocation goes on the person's driving record in Missouri. Twelve (12) points are also assessed against your Missouri license regardless of when the first DUI or DWI conviction was received. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation, and the installation and monthly maintenance charges are incurred by the driver.
• FINE: Up to $1,000.00, plus court costs of between $25.00 and $125.00.

THIRD OFFENSE DUI

A third DUI or DWI conviction during the driver's lifetime is considered a Class D felony, and may result in a ten (10) year denial of your driving privileges if you have two prior alcohol related convictions on your driving record in Missouri.

• JAIL: Up to four (4) years in prison.
• FINE: Up to $5,000, plus court costs (which generally range between $25 and $125.)
• PROBATION: Varies greatly between jurisdictions, though, Missouri law does prohibit a suspended imposition of sentence for a felony DUI. The Court will usually not suspend execution of the sentence, unless as a condition of probation, the defendant is ordered to serve 10 days shock time in jail or 60 days of community service.
• REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DUI or DWI, the defendant's license is revoked for 10 years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record in Missouri, and, under the current law, will remain there forever. If you are convicted of a felony DUI, you are not eligible for a hardship license.

FOURTH OFFENSE FOR DUI

A fourth DUI or DWI arrest during the driver's lifetime will be charged as a Class C felony, and if convicted, the driver will be classified as an 'aggravated offender.' Additionally, similar to a third conviction, a minimum 10-year denial of driving privileges will be assessed on the driver's record.

• JAIL: A fourth DUI offense means up to 7 (seven) years in prison.
• FINE: For a fourth DUI offense, fines can range up to $5,000.00, plus court costs of $25.00 to $125.00.
• PROBATION: This varies greatly between jurisdictions, but Missouri law does prohibit a suspended imposition of sentence for a felony DUI. The Court will usually not suspend execution of the sentence unless (as a condition of probation) the defendant is ordered to serve 10 (ten) days 'shock time' in jail or perform 60 (sixty) days of community service.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DUI or DWI, the defendant's driving privileges in Missouri is revoked for ten (10) years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record in Missouri, and will remain there forever under current Missouri laws. NOTE: If you are convicted of a felony DUI, you are not eligible for a hardship license.

FIFTH OFFENSE FOR DUI (AND SUBSEQUENT DUI OFFENSES)

A fifth or subsequent DUI or DWI arrest during the driver's lifetime may be charged as a Class B felony. If convicted, the driver will be classified as a 'chronic offender.' The same ten (10) year license revocation as described above applies.

• JAIL: FIVE (5) TO FIFTEEN YEARS IN PRISON.
• FINE: Up to $5,000.00 (plus court costs of $25 to $125.)
• PROBATION: Under current Missouri law, if an individual is convicted as a chronic offender, they must serve at least two (2) years in the State penitentiary before they may be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DUI, the defendant's license is revoked for 10 years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record in Missouri, and, under the current law will remain there forever. If you are convicted of a felony DUI, you are not eligible for a hardship license.

DUI - MISSOURI SUPREME COURT:

"I talked with you last year about the success of our drug courts and of the Greene County DWI court in making positive changes in the lives of participants and their families at a fraction of the cost of prison. These programs make our communities safer, because those who graduate from these courts are far less likely to reoffend than are those who are sent to prison." ~Laura Denvir Stith, chief justice of the Supreme Court of Missouri, delivered during the State of the Judiciary address Wednesday morning, Jan. 28, 2009, during a joint session of the General Assembly in Jefferson City, Mo.

MISSOURI IMPLIED CONSENT LAW

Every person who operates a motor vehicle in the state of Missouri is deemed to have given his or her consent to have his or her |blood, breath, urine, or other bodily substances tested for alcohol or drugs. This is known as Missouri's "Implied Consent" law. You are presumed to know and understand your rights and responsibilities concerning the testing of your bodily fluids in relation to a DUI arrest. The Columbia police officer will choose what type of test to offer. You do not get a choice in that matter. Under Missouri law, though, you are allowed 20 minutes to contact an attorney about whether or not to submit to a test, provided that you ask to exercise that right. You also have the right to obtain your own test of your body fluids by a physician, qualified technician, chemist, registered nurse or other qualified person after you have submitted to the officer's requested test.

MISSOURI DUI FACTS:

DRIVERS LICENSE CONSEQUENCES

Like most other states, an arrest for DUI or DWI initiates two separate legal proceedings. Firstly, the criminal case is filed in the jurisdiction in which the arrest was made. Secondly, a driver's license hearing is filed with or against the Missouri Department of Revenue. As noted above, it is important that you contact an attorney immediately after your arrest for DUI or DWI, as you only have fifteen (15) days to file for your Administrative Hearing to protect your driving privileges. If you do not file for an Administrative Hearing within the first fifteen (15) days after you receive a notice of suspension form, normally given at the time of your arrest, you will forever lose your right to do so, and your driving privileges in Missouri will be revoked.

The only caveat is that upon a refusal of a breath, blood, or urine test, a driver has thirty (30) days to appeal the suspension by filing a Petition for Review in the Circuit Court, though, the suspension of the driving privileges in Missouri goes into effect after the first fifteen (15) days, and only a Circuit Court or Associate Circuit Court Judge may stay or lift the suspension until the driver is afforded an Administrative Hearing. As such, it is important that the driver contact an attorney immediately after arrest to discuss their options. DUI defense lawyer Russell L. Powell will give you a fast and free consultation by calling him at (816) 550-3695.

MISSOURI DRIVER'S LICENSE SUSPENSIONS:

FIRST TIME FAILURE OF A TEST:

If a driver does not have a prior alcohol related contact on their driving record in Missouri, or does not have an alcohol related contact within the past five (5) years, then the driver’s privileges are revoked for thirty (30) days. Upon filing of an SR-22 Insurance Certificate with the Missouri Department of Revenue, the driver will be granted a sixty (60) day Restricted Driving Privilege at the conclusion of the thirty (30) day suspension. This restricted license allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. It is rare, though, for a driver to be ticketed for driving outside of their restricted license. The alcohol related suspension is placed on a person's driving record in Missouri, and under current Missouri law, can not be removed from a person’s driving record even after their driving privileges are fully reinstated. Because of this, it is important to contact an attorney to discuss your options for challenging the license suspension. You may contact defense lawyer Russell L. Powell at (816) 550-3695 for a free DUI consultation, but you must act quickly as your driving privileges in Missouri may be revoked within 15 days of your initial DUI arrest.

SECOND AND SUBSEQUENT FAILURES OF A TEST:

If the driver has an alcohol related suspension within the past five (5) years, then the suspension will be for one (1) year with no possibility of obtaining a hardship driving privilege. If a driver receives the second suspension more than five (5) years after serving the suspension for the first test failure, then the suspension will generally be for thirty (30) days followed by a sixty (60 ) day restricted license. For subsequent offenses, a third or more, an individual's driving privileges will be revoked for at least one year, with no possibility for a restricted driving privilege.

DUI AND PROOF OF INSURANCE

If you are facing the consequences of a DUI in Columbia, you will be required to file proof of insurance with the Driver License Bureau in Missouri. The most common method of filing proof of insurance is an SR-22 insurance filing. If you do not keep proof of insurance on file, your driving privileges will be revoked unless you file proof of insurance and pay a $20 fee. More information about insurance and DUI is included in Chapter 13 of the Missouri Department of Revenue Driving Guide.

HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your driving privileges varies greatly depending on the facts and circumstances of your case, your criminal record, and your driving record in Missouri. Therefore, if you are seeking information about a hardship license in Columbia, Missouri, you should contact a resourceful DUI defense lawyer to discuss all of your options. defense lawyer Russell L. Powell may be reached for a fast and free consultation at (816) 550-3695.

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