DWI assault Lawyer in
St. Louis, MO

Penalties for DWI Assault in
Kansas City, MO

When a DWI causes injury, the potential punishment depends in part on the severity of the alleged injury and the felony classification.

DWI Assault Allegation	Classification	Potential Prison Sentence
DWI involving criminal negligence causing physical injury	Class D Felony	Up to 7 years
DWI involving criminal negligence causing serious physical injury	Class C Felony	3–10 years

Missouri’s general sentencing statute authorizes up to 7 years of imprisonment for a Class D felony and 3 to 10 years for a Class C felony.

Prison is not the only concern. Depending on the circumstances, a conviction can also create substantial fines and court costs, probation requirements, alcohol or substance abuse treatment, driver’s license consequences, ignition interlock requirements, increased insurance costs, and a felony criminal record.

A felony conviction can also create collateral consequences involving employment, professional licensing, housing, firearm rights, and other parts of your life.

That is why your defense should focus not only on the immediate DWI charge, but also on protecting your future after the criminal case is over.

Read More:

First-Time DWI in Kansas City: What to Expect

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Collateral Consequences of a DWI in Kansas City, MO

Possible Defenses to DWI Assault
Charges in Kansas City, MO

Every DWI assault case is different. The right defense depends on how the accident occurred, what evidence police collected, the alleged injuries, your chemical test results, and what prosecutors claim made your driving criminally negligent.

Potential defenses may include:

You Were Not Intoxicated

An officer’s conclusion that you were intoxicated is not the same as proof. Police may rely on bloodshot eyes, slurred speech, balance problems, field sobriety testing, breath results, or blood testing, but each form of evidence can have limitations.

In a serious accident, injuries, shock, fatigue, stress, medication, or medical treatment may also affect how someone looks and behaves immediately after the collision.

The Chemical Test Was Unreliable

Breath and blood testing can become central evidence in a Kansas City DWI assault case. Your DWI assault defense attorney can examine whether testing procedures were followed, equipment was properly maintained, samples were collected and stored correctly, and the chain of custody remained intact.

A number on a laboratory report should not be accepted without examining how that result was obtained.

You Did Not Cause the Accident

Evidence that you were intoxicated does not automatically prove that you caused the collision.

Another motorist may have run a traffic light, changed lanes improperly, been distracted, followed too closely, or otherwise contributed to the accident. Road conditions, weather, visibility, mechanical failures, or unexpected hazards can also affect causation.

Crash-scene photographs, surveillance footage, vehicle damage, witness statements, GPS information, and accident reconstruction may help establish what actually happened.

Your Conduct Did Not Amount to Criminal Negligence

A traffic mistake does not necessarily amount to criminal negligence. Prosecutors must prove the mental state required for the felony offense rather than relying solely on the seriousness of the accident.

Your defense can examine your actual driving behavior and the circumstances surrounding the crash to challenge the state’s characterization of your conduct.

The Injuries Do Not Support the Charge

The difference between physical injury and serious physical injury can change the offense from a Class D felony to a Class C felony.

Medical records, diagnostic testing, treatment histories, preexisting conditions, and expert opinions may become important when determining whether the alleged injuries satisfy the requirements of the more serious charge.

Evidence Was Obtained Unlawfully

A serious accident does not eliminate your constitutional rights. Your attorney can review blood draws, search warrants, vehicle searches, cellphone searches, questioning, and other investigative actions to determine whether police obtained evidence legally.

When evidence was obtained in violation of your rights, Combs Waterkotte can seek to have it excluded from the prosecution’s case.

Evidence in a Kansas City
DWI Assault Case

In a standard DWI prosecution, much of the evidence may focus on whether the driver was intoxicated. An injury accident adds several additional layers. Prosecutors may need to establish how the crash happened, who caused it, whether the defendant acted with criminal negligence, and whether the collision caused the injuries alleged.

Evidence in these cases may include:

• Police body-camera and dash-camera footage
• Breath and blood alcohol testing
• Toxicology results
• Field sobriety testing
• Crash-scene photographs and measurements
• Traffic or surveillance camera footage
• Witness statements
• Vehicle damage and impact points
• Event data recorder information
• Cellphone and GPS records
• Medical records and diagnostic testing
• Accident reconstruction evidence

Your Kansas City DWI defense attorney won’t rely solely on the police report to determine what happened. Officers investigating a serious crash may form an early theory based on the evidence available at the scene. Additional evidence can confirm that theory, or expose significant problems with it.

Why Hire Combs Waterkotte for Your Kansas City DWI Assault Case?

A felony DWI assault case requires a defense team prepared to address far more than a breath test. These cases can involve accident reconstruction, toxicology, medical evidence, constitutional issues, witness credibility, and Missouri felony law.

At Combs Waterkotte, we have handled more than 15,000 client cases and bring decades of combined trial experience to criminal defense matters. Our firm also has multiple statewide locations, including a Kansas City office.

We do not simply accept the prosecution’s interpretation of a serious accident. Our attorneys can investigate the crash independently, review the state’s chemical evidence, examine the alleged injuries, identify weaknesses in witness accounts, and determine whether law enforcement respected your constitutional rights.

Depending on your case, our Kansas City defense team can:

• Investigate the accident independently
• Keep you updated on all aspects of your DWI assault case
• Obtain body-camera, dash-camera, and available surveillance footage
• Analyze breath, blood, and toxicology evidence
• Review the collection and handling of biological samples
• Examine whether your driving amounted to criminal negligence
• Determine whether another driver contributed to the collision
• Review medical evidence involving the alleged injuries
• Challenge unlawful searches, seizures, or questioning
• Preserve favorable electronic and physical evidence
• Work with investigators and appropriate experts when necessary
• Prepare for trial

You are facing a serious felony accusation. Your defense should be prepared with the same level of seriousness.

Contact Combs Waterkotte to Start Fighting Your Kansas City DWI Assault Charge Today

A serious accident can change your life in seconds. A felony conviction can affect it for years afterward.

If you have been accused of causing an injury while driving intoxicated in Kansas City, do not assume the police report, BAC result, or seriousness of the accident decides your case. Prosecutors still have to prove intoxication, criminal negligence, causation, and the level of injury required for the offense they charged.

Combs Waterkotte will investigate those issues independently and build a defense around the facts, not assumptions about you because you were involved in a DWI accident.

Call (314) 900-HELP or contact us online today for a confidential consultation with an experienced DWI assault lawyer in Kansas City, MO. The sooner we get involved, the sooner we can begin protecting your license, freedom, and future.