DWI Accidents Lawyer Kansas City, MO

DWI Accidents in the Missouri Revised Statutes

The Missouri Revised Statutes include a single law criminalizing driving while intoxicated (DWI), with penalties that vary based on whether a crash occurred.

Missouri’s DWI statute prohibits anyone from operating a vehicle while in an “intoxicated condition,” which means the driver is under the influence of alcohol, a controlled substance, or a combination of drugs and alcohol. The term “influence” means the substance has impaired the driver’s ability to operate a motor vehicle.

This impairment may be physical, mental, or both. Consequently, a police officer may suspect that a driver is intoxicated based on any of the following symptoms:

• Bloodshot eyes
• Slurred speech
• Incoherent, rambling, or confused answers
• Lack of coordination
• Inability to concentrate

A typical DWI case begins with an accident investigation. Since the collision has already occurred, the responding officer wouldn’t need to conduct a traffic stop; the driver should have already stopped at the crash site.

In the course of investigating the accident, the officer may come to believe that a driver was intoxicated based on observations and witness statements. The officer will often try to verify this suspicion by asking the driver to take a field sobriety test.

In Missouri, courts can admit videotaped field sobriety tests as evidence in a DWI trial. This footage is often captured by the officer’s body or dash camera.

Although video evidence can be powerful, it’s circumstantial. It doesn’t show what the accused driver did before or during the accident — it only shows the driver’s condition afterward. For this reason, prosecutors may need additional evidence, such as:

• Statements from passengers in the accused’s vehicle and crash victims who observed the accused’s driving
• Eyewitness testimony from bystanders who saw the accident happen
• Testimony from the investigating officer about the accused’s appearance and condition

Prosecutors can use this and other evidence to build a case that you were operating a vehicle in an impaired condition when the crash occurred. If the evidence persuades a jury beyond a reasonable doubt, the penalties you face will depend on your DWI record and the outcome of the collision.

The Role of Blood Alcohol Testing in DWI Accident Cases

The state has a separate statute that applies to drivers who operate motor vehicles with a blood alcohol content (BAC) over the legal limit. The differences between the excessive BAC and intoxicated driving statutes include the following:

• Prosecutors only need a test result over the limit to win an excessive BAC case
• Prosecutors can obtain an excessive BAC conviction without proof of intoxication
• The punishment for excessive BAC doesn’t vary based on crash outcome

Since excessive BAC cases are easier to prove, an officer in Kansas City who suspects intoxication will often ask the driver to provide a breath, urine, or blood sample.

While failing a chemical test could provide solid evidence in an excessive BAC case, it doesn’t prove impairment for an intoxicated driving charge for the simple reason that a driver could have a high BAC without being impaired. Metabolism, weight, and alcohol tolerance can reduce the effects of alcohol in some people.

Therefore, a driver who fails a BAC test at an accident scene isn’t necessarily at higher risk of an intoxicated driving conviction. Nevertheless, prosecutors will often charge such a driver with both intoxicated driving and excessive BAC. This strategy poses both risks and benefits to those accused of causing DWI collisions.

On one hand, they could face a conviction for excessive BAC even if they successfully defend against the intoxicated driving charges. On the other hand, a skilled criminal defense lawyer might persuade prosecutors to enter into a deal where the intoxicated driving charges are dismissed in exchange for a guilty plea to excessive BAC.

The penalties for excessive BAC don’t escalate with the severity of any resulting crashes. With this type of deal, then, a first-time offender might only receive probation or a short jail sentence, even after causing an accident.

Possible Defenses for DWI Accident Charges in Kansas City, MO

Your criminal defense lawyer may offer any of the following explanations to fight your DWI charges.

There’s Another Reason for a Failed Field Sobriety Test

A driver could fail a field sobriety test for many reasons, including:

• Health conditions, such as balance issues or brain injuries
• Shock or physical injury stemming from the collision
• Prescription medications that cause symptoms unrelated to driving ability

If prosecutors’ only evidence of impairment is that you failed a field sobriety test, you may be able to overcome the charges by citing the distress and trauma of the crash.

You Didn’t Cause the Accident

The police and the prosecution may simply assume that you caused the accident because you showed signs of impairment. However, impaired drivers are sometimes the victims of collisions.

For instance, suppose that the other driver ran a red light while texting and driving. An officer might blame you for the crash because you admitted to having a few drinks. However, your criminal defense attorney may be able to present eyewitness and expert testimony proving that you didn’t cause the collision.

While you could still face intoxicated driving or excessive BAC charges, your lawyer might be able to argue against enhanced penalties for causing a DWI accident.

You Weren’t Operating the Vehicle

One possible alibi that might help you avoid a conviction is that you weren’t the one operating the vehicle. In the confusion after a car accident, a witness may incorrectly identify you as the driver when you were actually just a passenger. Other witnesses and traffic camera footage might help confirm that someone else was doing the driving.

You Were Drugged Involuntarily

It can be difficult to prove a lack of intent in DWI cases. Generally, prosecutors don’t need to prove that you intentionally or knowingly drove while intoxicated.

However, you might have a viable defense if you were intoxicated against your will or without your knowledge. For example, you might be able to show that someone spiked your drink or gave you a cannabis edible without you realizing it.

This defense is more likely to succeed if you were completely unaware that the substance had been used. It may not work if you tasted alcohol in your “non-alcoholic” beverage but kept drinking it anyway.

Penalties Upon Conviction for DWI Accidents in Missouri

Prosecutors could charge you with a misdemeanor or a felony after a DWI crash, depending on the outcome and your history of DWI accidents.

In defining the crash outcome, the law uses two distinct phrases. “Physical injury” means any impairment in the use or function of a body part or member. Accordingly, a bruise or a concussion could qualify as a physical injury.

A “serious physical injury,” meanwhile, causes any of the following conditions:

• Substantial risk of death
• Serious disfigurement
• Protracted loss or impairment of a body part or its function

Using these definitions, DWI crash charges may fall into the following offense levels.