Joplin DWI / DUI Lawyer

You only have 15 (fifteen) days from the date of notice (usually arrest date) to file for an administrative hearing if you are charged with DWI (driving while intoxicated) or DUI (driving under the influence). If you fail to file within the fifteen (15) days of the date of the notice of suspension, your Missouri driving rights will generally be taken away for 30 (thirty) days if your BAC (blood alcohol content) was above .08 percent, or for 1 year (one year) if you refused to take a blood test, breath test, or urine test after being arrested for DWI / DUI. To get your questions answered, call DWI / DUI lawyer RUSSELL L. POWELL at (816) 550-3695 for a professional and free consultation.

Missouri drunk driving cases are usually referred to as driving while intoxicated (DWI). When drugs are involved, the cases are commonly referred to as driving under the influence (DUI). In Joplin, Missouri, any driver caught operating a motor vehicle with a BAC (blood alcohol content) of .08 percent or more will commonly be charged with driving while intoxicated. This is referred to as a 'per se' DWI / DUI charge. Note, however, that you can be arrested for DWI (driving while intoxicated) or DUI (driving under the influence) even if your BAC (blood alcohol content) is under the presumptive level of .08 percent.

If you have questions about a DWI / DUI charge, contact Russell L. Powell at (816) 550-3695 for a professional and free consultation.

SUSPENSION OF DRIVING PRIVILEGES:

DWI / DUI - FIRST OFFENSE

A first DWI / DUI conviction in Missouri is a Class B misdemeanor with the following consequences:

• JAIL: You will face up to a maximum of six (6) months jail time.
• FINE: For a first offense, you will pay up to $500. Court costs usually range between $25 and $125.
• PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, though, the probation terms are no drinking and driving, do not break any federal, state or local law, complete the SATOP within 90 days. Some Courts require community service. Some Courts require supervised probation, while others do not.

Contact Russell L. Powell at 816-550-3695 for a professional and free consultation to discuss the specifics of your DWI / DUI case and possible dispositions in further detail.

DWI / DUI - SECOND OFFENSE

Conviction of a second DWI (driving while intoxicated) or DUI (driving under the influence) within a five year period is a Class A misdemeanor.

• JAIL: Up to a maximum of one (1) year jail time.
• FINE: Up to $1,000.00, plus court costs of between $25.00 and $125.00.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second PPP within five (5) years will usually result in a five (5) year revocation of your Missouri driving rights. 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 driver's license regardless of when the first DWI / DUI 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. The installation and monthly maintenance charges of this device are incurred by the driver.

DWI / DUI - THIRD OFFENSE

A third DWI (driving while intoxicated) or DUI (driving under the influence) conviction during the driver's lifetime is a Class D felony, and may result in a ten (10) year denial of the driver's Missouri driving rights if the driver has two prior alcohol related convictions on their driving record in Missouri.

• JAIL: Up to four (4) years in prison.
• FINE: Up to $5,000.00, plus court costs of which usually range between $25.00 to $125.00.
• PROBATION: Varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DWI / DUI. The Court will generally 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 DWI (driving while intoxicated) or DUI (driving under the influence), the defendant's Missouri driver's license is taken away 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 DWI / DUI, you are not eligible for a hardship license.

FOURTH OFFENSE DWI / DUI

A fourth DWI (driving while intoxicated) or DUI (driving under the influence) arrest during a 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 Missouri driving rights will be assessed on the driver’s record.

• JAIL: Up to seven (7) years in prison.
• FINE: Up to $5,000.00, plus court costs of $25.00 to $125.00.
• PROBATION: Varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DWI / 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 (ten days) shock time in jail or 60 days of community service.
• LOSS OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI (driving while intoxicated) or DUI (driving under the influence), the defendant's Missouri driver's license is taken away 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 DWI / DUI, you are not eligible for a hardship license.

FIFTH DWI / DUI OFFENSE OR SUBSEQUENT OFFENSES

A fifth or subsequent DWI (driving while intoxicated) or DUI (driving under the influence) arrest during the driver's lifetime may be charged as a Class B felony, and 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, plus court costs of $25 to $125.
• PROBATION: Under current Missouri law, if an individual is convicted as a chronic offender, the defendant must serve at least two (2) years in the State penitentiary before they can be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI / DUI, the defendant's license is taken away 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 DWI / DUI, you are not eligible for a hardship license.

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 urine, blood, breath, or other bodily substances tested for alcohol and 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 DWI / DUI arrest. The Joplin law enforcement officer will choose what type of test to offer. You do not get a choice in that matter. Under Missouri law, however, you are allowed 20 minutes to contact a lawyer 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.

DRIVERS LICENSE CONSEQUENCES

Like most other states, an arrest for DWI (driving while intoxicated) or DUI (driving under the influence) 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 crucial that you contact an attorney immediately after your arrest for DWI (driving while intoxicated) or DUI (driving under the influence), as you only have fifteen (15) days to file for your Administrative Hearing to protect your Missouri driving rights. 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 Missouri driver's license will be taken away.

The only caveat is that upon a refusal of a blood test, breath test, or urine test, a driver has thirty (30) days to appeal the suspension by filing a Petition for Review in the Circuit Court, however, the suspension of the Missouri driver's license 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 crucial that the driver contact an attorney immediately after arrest to discuss their options. DWI / DUI lawyer Russell L. Powell will give you a professional and free consultation by calling him at (816) 550-3695.

MISSOURI DRIVER'S LICENSE SUSPENSIONS FOR DWI / DUI:

FIRST TIME FAILURE OF A TEST:

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 Missouri driving rights will be taken away for at least one year, with no possibility for a restricted driving privilege.

MISSOURI DWI / DUI FACTS:

REFUSAL OF A BREATH, BLOOD OR URINE TEST

A driver who refuses a blood test, breath test, or urine test faces a one (1) year revocation of their Missouri Driving Privileges. An experienced DWI / DUI lawyer may be able to stay the revocation of their Missouri driver's license, pending the outcome of an administrative hearing. It is crucial to note, however, that a driver does not automatically receive an Administrative Hearing for a test refusal. A lawsuit must be filed against the Director of Revenue in the Circuit Court of the county in which the arrest occurred.

Then, a Judge may or may not sign a Stay Order allowing the driver to continue driving pending the outcome of that hearing. Under some circumstances, it may be to a driver's advantage to refuse the blood test, breath test, or urine test, however, the driver must consult with a resourceful DWI / DUI lawyer to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their Missouri Driving Privileges.

As noted above, the administrative hearing is separate from the criminal case. Simply put, they are two separate legal proceedings. However, a suspension under the criminal proceeding may affect the administrative proceeding. Therefore, anyone who refused a blood test, breath test, or urine test should contact a resourceful DWI / DUI lawyer immediately for a professional and free consultation to discuss these matters in further detail. Russell L. Powell, a DWI / DUI lawyer in Missouri, may be reached at (816) 550-3695.

DWI / DUI AND Proof of Insurance

If you are facing the consequences of a DWI / DUI in Joplin, you will be required to file proof of insurance with the Driver License Bureau. The most common method of filing proof of insurance is an SR-22 insurance filing. Proof of insurance must be kept on file with the Driver License Bureau for two years. If you do not keep proof of insurance on file, your Missouri driver's license will be taken away for the rest of the two years unless you file proof of insurance and pay a $20 fee. There is one exception to this rule: Minors with a BAC (blood alcohol content) of .02% or more do not have to file proof of insurance on a first offense. More information about insurance 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 Missouri driving rights depends on the facts and circumstances of your case, your criminal record (if you have one), and your personal driving record in Missouri. If you have questions, you should contact a resourceful DWI / DUI lawyer to discuss all your options. If you are in Joplin, Missouri, Russell L. Powell, a DWI / DUI lawyer, may be reached for a professional and free consultation at 816-550-3695.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a DWI / DUI lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.