CDL DWI Lawyer Kansas City, MO

CDL DWI in the Missouri Revised Statutes

All DWIs will affect your license when you hold a CDL. As such, for professional drivers, all DWIs are technically CDL DWIs.

These incidents happen in two ways. First, you could get a DWI while driving your personal vehicle. Your DWI will be reported to the Missouri Department of Revenue and added to your driver’s license file. Your CDL will be suspended upon conviction, even though you weren’t driving a commercial vehicle at the time.

Additionally, the Department can administratively suspend your license 15 days after being informed of your arrest if you had a blood alcohol content (BAC) of 0.08% or higher.

This administrative suspension can include your CDL and personal license. The duration of the suspension depends on your prior record of DWIs. For a first offense, the suspension is typically 30 days.

Second, you could get a DWI while operating a commercial vehicle. The officer who stops you must issue a 24-hour out-of-service order upon your arrest if you had any measurable amount of alcohol in your blood. They’ll also report the violation to the Department, and the arrest will be added to your driver’s license file. If convicted, you’ll face a one-year suspension.

Furthermore, the Department can administratively suspend your CDL 15 days after your arrest. Since a DWI in a commercial vehicle occurs at a BAC of 0.04%, your CDL can be suspended at a lower threshold than your personal driver’s license.

The criminal consequences of a DWI in a commercial vehicle depend on the offense charged, your history of DWI convictions, and whether you caused a crash. Under the Missouri Revised Statutes, you can commit the following drunk- or drugged-driving offenses while operating a commercial vehicle.

DWI

DWI occurs when you operate a vehicle in an intoxicated state.

The term “intoxicated” has the same meaning whether you’re in a personal or commercial vehicle. You’re intoxicated when you’re under the influence of alcohol, drugs, controlled substances, or a combination thereof. More specifically, you violate the law when these substances impair your driving ability.

Police officers usually determine impairment in a couple of ways. First, an officer might observe you violating traffic laws. For example, they might see you weaving between lanes or speeding. The officer may stop you for a violation to investigate the cause. During the stop, they may determine that you were intoxicated.

Alternatively, an officer may suspect intoxication while investigating an accident. Their suspicion may be based on the cause of the crash, your appearance, or your behavior.

Suppose that you ran off the road and hit a guardrail. During the ensuing investigation, an officer notices that your eyes are bloodshot and you seem to be confused. They might ask you to submit to a field sobriety test or a blood test.

Intoxication doesn’t depend on BAC — you can be intoxicated with a BAC below the legal limit. Missouri also doesn’t set legal limits for illegal, prescription, and over-the-counter drugs. Officers determine drug impairment by observing the substance’s effect on a person’s physical and mental state.

Driving With Excessive BAC

Driving with excessive BAC occurs when a driver operates a vehicle with a BAC over the legal limit. The limit differs depending on the type of vehicle operated. When driving a private vehicle, the legal limit is 0.08%; for a commercial vehicle, it’s 0.04%.

These limits apply regardless of whether the driver has a CDL. Consequently, the legal limit for commercial vehicles exempt from the CDL requirement, such as farm equipment, is 0.04% for both CDL and non-CDL operators.

BAC is determined using a blood, saliva, breath, or urine test. Missouri imposes implied consent for alcohol testing on all commercial vehicle operators. This rule applies even if you received your CDL in another state. If you refuse a test upon request by a law enforcement officer, the Department can suspend your CDL.

Possible Defenses Against CDL DWI Charges in Kansas City, MO

When you hire a criminal defense attorney, they’ll develop a tailored defense strategy for addressing your charges. That strategy may include the following defenses.

Not Impaired

Your attorney may defend you by arguing that you weren’t impaired. For example, after a crash, you might experience anxiety, shock, or emotional trauma that might make you seem intoxicated even though you were fine before the accident.

Not Operating a Vehicle

You “operate” a vehicle when you have actual physical control over it. However, there’s no requirement in the state statute that the vehicle must be moving or even running for someone to possess actual physical control.

However, your lawyer can assert that you weren’t operating the vehicle if you lacked the intent or means to operate it.

Suppose that you were sleeping in the living area of a sleeper cab. You even locked the keys in the glove box or left them outside the cab. Even though you may have been drunk, your lawyer can argue against a DWI charge by pointing out that you weren’t in a position to operate the vehicle.

Faulty Test

Alcohol tests are inherently imperfect. The equipment may be miscalibrated, or the officer may not know how to use it properly. Your attorney can gather records about the equipment’s maintenance and service history to identify possible flaws in the test.

Involuntary Intoxication

You may have been involuntarily intoxicated if you were exposed to a substance that impaired your driving ability without your knowledge.

For example, a tank leak could cause toxic fumes to enter your cab. In such a scenario, even though you may have been impaired, you would have lacked the intent to violate the law because you were exposed to the substance involuntarily.

Penalties Upon Conviction for CDL DWI in Kansas City, MO

The punishment for a DWI or excessive BAC offense depends on your intoxicated driving history and any aggravating factors.

Since your CDL is permanently suspended after the second DWI, a CDL DWI won’t involve the “persistent,” “aggravated,” “chronic,” or “habitual offender” categories. Missouri counts all prior DWIs, including those committed in other states and on federal lands.

For a first DWI offense, you’ll face a Class B misdemeanor, which is punishable by up to six months in jail. However, this charge can be elevated to a Class A misdemeanor, punishable by up to 12 months in jail, if you have a prior DWI conviction or had a passenger under 17 in the truck.

If you cause an accident that injures, seriously injures, or kills another person, you’ll be charged with felony DWI. The potential sentence can range from up to seven years for an injury accident to five to 15 years for a fatal one.

The penalties for driving with excessive BAC are based primarily on your DWI history. A first offense is a Class B misdemeanor, and a second offense is a Class A misdemeanor. At this point, you would permanently lose your CDL. Thus, you can’t obtain three or more DWIs while holding a CDL.