Facing first-time DUI charges can be frightening and confusing. In addition to the shock and embarrassment of being arrested and jailed, the uncertainty about how a conviction will affect your future will hang over you.
The attorneys at Combs Waterkotte have defended more than 10,000 criminal cases. Our skilled DUI defense lawyers have the experience to identify all options for seeking a positive outcome in your case. We’ll provide compassionate representation to guide you through the criminal justice system.
This article will address the following:
- Grounds for a DWI arrest under Missouri law
- Defenses to DWI charges
- Sentencing and alternative sentencing for a first-time DUI in Kansas City
What Is a DUI/DWI Under Missouri Law?
Before outlining the elements of the offense, it’s worthwhile to touch on its name. Missouri law formally calls the offense “driving while intoxicated” (DWI). However, many people refer to the offense as “driving under the influence” (DUI). DWI and DUI are used interchangeably to refer to a single criminal offense.
A DWI in Missouri can happen when someone operates a vehicle in either of the following situations:
- While intoxicated or in an intoxicated condition
- With a blood-alcohol content (BAC) of 0.08% or higher
The former offense is proven through the officer’s testimony that you drove erratically and showed signs of intoxication, such as:
- Slurred speech
- Glassy or bloodshot eyes
- Poor balance and coordination, based on a field sobriety test
The first scenario is often used to prove DWI involving drugs, since police officers usually aren’t equipped to measure the amount of drugs in a driver’s system.
The second offense is also called a “per se” DWI. This means you can be convicted of a DWI with a BAC of 0.08% or higher even if prosecutors have no evidence that your driving was affected. In other words, if your BAC is over the legal limit, the law presumes that your driving was impacted, and you can be convicted of DWI.
Unlike many other states, Missouri doesn’t define legal or illegal levels of any intoxicants besides alcohol. Thus, even though cannabis is legal to use, the police can stop and arrest you for DWI involving marijuana regardless of the amount in your system. The officer only needs to testify that they saw signs of impairment.
What to Expect After Prosecutors File Kansas City, MO, DUI Charges
After your arrest, you’ll be transported to jail to be booked. The police will probably ask you to submit to a breath, blood, or urine test.
For a first-time DWI in Kansas City, you might bond out of jail once you’re sober enough to leave. However, even on an accelerated timeline, the police will likely hold you for 12 to 24 hours.
Under some circumstances, the police could hold you until your first court appearance. For example, you might face more serious charges (even for a first DWI) if you caused an accident that injured or killed someone.
In any case, the court will inform you of the charges against you during your initial court appearance. If you weren’t previously released, the court will conduct a bail hearing. This hearing will determine whether you’ll be released and, if so, the bail required and the conditions imposed.
Your criminal defense lawyer will prepare for trial by gathering evidence and devising a legal strategy. This includes formulating defenses against your charges, which may include the following:
- The officer didn’t have probable cause to pull you over
- The officer’s observations were mistaken
- Something else caused the physical signs to be misinterpreted as intoxication
- The chemical test was administered incorrectly
- The testing equipment was defective or miscalibrated
Your lawyer will negotiate with prosecutors as they prepare for trial. In many cases involving a first-time DUI in Kansas City, prosecutors are willing to reduce a defendant’s charges or recommend a reduced sentence in exchange for a guilty plea.
Driver’s License Suspension After a DWI Arrest in Kansas City, MO
The state will conduct an administrative proceeding to suspend your driver’s license simultaneously with your criminal trial. State law requires a 90-day license suspension after an arrest where the suspect had a BAC of 0.08% or higher.
You can fight this suspension by requesting an administrative hearing. Possible grounds for challenging the suspension include:
- You weren’t operating the vehicle
- Your BAC wasn’t over the legal limit
- There was no probable cause for the traffic stop
Even if your license is eventually suspended, you can request restricted driving privileges that allow you to drive for work, school, child visitation, grocery shopping, and other essential activities.
If you install an ignition interlock device (IID), you might be eligible for immediate restricted driving privileges. Otherwise, you must serve a 30-day suspension before receiving restricted driving privileges for the remaining 60 days.
Penalties for a Conviction for DWI in Kansas City
The penalties for a first DWI are usually less harsh than those for a repeat DWI.
A first-time DWI in Kansas City is a Class B misdemeanor, assuming there are no aggravating circumstances. The judge can impose jail time of up to six months upon conviction for a Class B misdemeanor. For comparison, a repeat offense is a Class A misdemeanor with a possible sentence of up to one year in jail.
However, even a first-time offender can face harsher penalties if their DWI involves aggravating circumstances that allow prosecutors to pursue more serious charges or seek a harsher sentence. Missouri law outlines the following aggravating circumstances:
- There was a person under 17 in the vehicle
- The defendant caused a DWI crash that resulted in death or serious physical injury
- The defendant injured a law enforcement officer or EMT in a DWI accident
These aggravating factors can lead to felony DWI charges even if the defendant has never been arrested or convicted of a prior DWI.
Alternative Sentencing Options for a First-Time DWI in Kansas City
In addition to less harsh penalties, first-time DWI offenders may also be eligible for alternative sentencing. Specifically, Missouri allows a suspended imposition of sentence (SIS) where the defendant agrees to probation, DWI court, or alcohol treatment.
If the defendant successfully satisfies their SIS conditions, the court closes their case without entering a conviction. As a result, they have no criminal record and need not report any conviction on job applications, professional license applications, or other paperwork.
Contact Combs Waterkotte to Learn More About Your Options After a First-Time DWI in Kansas City, MO
A first-time DWI in Kansas City can result in jail time and a criminal record. By working with an experienced attorney, however, you can develop a defense strategy that improves your chances of seeing a positive outcome. Contact us online or at (314) 900-HELP to discuss your DWI charges and the defenses we can present.
