Multiple DWIs Lawyer Kansas City, MO

Multiple DWIs in the Missouri Revised Statutes

The Missouri Revised Statutes outline the following repeat offense levels:

• Prior offender with one prior DWI conviction within five years of the current case
• Persistent offender with two or more DWIs, or one DWI involving injury or death
• Aggravated offender with three or more DWIs, or two DWIs involving injury or death
• Chronic offender with four or more DWIs, three or more with at least one involving injury or death, or two or more involving injury or death
• Habitual offender with five or more DWIs, four or more with at least one involving injury or death, or three or more with at least two involving injury or death

Missouri prosecutors can count all prior offenses, including those committed in other states, on military bases, or on federal lands, such as national parks.

The potential penalties for a new DWI charge will increase depending on your repeat offense level. DWI charges can take the following forms.

Driving While Intoxicated

Missouri law prohibits driving while intoxicated, which is broadly defined as operating a motor vehicle while in an intoxicated condition. The law, in turn, defines “intoxicated condition” as under the influence of drugs, alcohol, or a combination of the two.

Missouri’s statutes don’t define the term “influence.” However, the courts have interpreted it to mean any physical or mental impairment of a driver’s ability to operate a motor vehicle.

Drugs and alcohol can have myriad effects, including:

• Altering perceptions of speed and distance
• Impairing judgment
• Slowing reflexes
• Dulling attention or causing drowsiness

Due to these effects, some drivers react to drugs or alcohol by taking greater risks, thereby increasing their odds of causing a car accident.

“Operate” also has a particularly legalistic meaning. “Operating” includes driving; however, it also refers to any physical control of the vehicle with the intent to operate it.

Therefore, you can commit a DWI even if you’re sitting in a vehicle with the ignition off, provided the keys are accessible. Whether the keys are in your pocket, in your purse, or on the dashboard, the police could claim that you had physical control and the intent to drive.

The police determine intoxication through observation and testing. An officer will observe your driving before pulling you over, as well as your physical condition and mental state while talking with you during the stop. They might interpret symptoms like bloodshot eyes, dilated pupils, slurred speech, and confusion as signs of impairment.

If an officer suspects intoxication, they may investigate further by asking you to perform a field sobriety test, which will consist of physical and cognitive challenges designed to identify signs of impairment.

For instance, the officer who stopped you may ask you to stand on one leg to test your balance and coordination, or they may assess your speech and memory by having you recite the alphabet.

Police officers in Kansas City, MO, can record field sobriety tests. Their recordings, typically captured using body- or dash-mounted cameras, are admissible in court to prove driver intoxication.

Driving With Excessive Blood Alcohol Content

Missouri also prohibits motorists from driving with a blood alcohol content (BAC) at or over the legal limit of 0.08%. This crime is referred to as a “per se offense” because you’re presumed to be too intoxicated to drive when you have a high BAC, even if you don’t show signs of mental or physical impairment.

To secure a conviction for driving with excessive BAC, prosecutors only need to show that you were operating a vehicle and failed a blood, breath, or urine test. They don’t need testimony from police officers or results of field sobriety tests indicating confusion, poor balance, or slow reactions.

Although prosecutors aren’t required to prove impairment, an excessive BAC conviction is still considered a DWI when calculating repeat offender level.

For example, if you had one intoxicated driving conviction and two excessive BAC convictions, you could be classified as an aggravated offender. As a result, the judge would impose increased penalties upon your next conviction.

Possible Defenses in Cases Involving Multiple DWIs in Kansas City, MO

The criminal defense strategies available when facing a DWI charge after a prior conviction usually take two forms. First, your lawyer can fight the new charge. If you win the case, your prior DWI history will be irrelevant.

Alternatively (or additionally), your lawyer might challenge how the prosecution has tried to count your previous DWI convictions. By reducing the prior case count, they can negotiate for less harsh penalties if you’re convicted.

The following are some of the defenses your lawyer might employ.

Invalid Test Results

The testing equipment, the administering officer, or procedural missteps can all taint the results of a chemical test. For example, uncalibrated equipment can produce invalid test results. If your lawyer can raise reasonable doubts about the test results, you could secure an acquittal.

No Probable Cause for the Traffic Stop

Under the Constitution’s Fourth Amendment, police officers must have probable cause to stop your vehicle. “Probable cause” means the officer has a reasonable suspicion that you violated the law. If the officer who pulled you over conducted an illegal stop, the judge can dismiss your charges.

Alternate Explanation for Failed Field Sobriety Test

If the prosecution relies on a failed field sobriety test, your lawyer may be able to undercut their case by providing an alternate reason for your inability to perform the tasks as directed.

For instance, you may have stumbled because of a preexisting leg injury or failed to recite the alphabet because of a cognitive condition. If your explanation is reasonable, a jury might see fit to drop your charges.

No Operation

Prosecutors must prove that you were operating a vehicle to get a conviction for DWI. As noted, you can “operate” a vehicle when the ignition is off if you have the ability and intent to drive. However, when either of these elements is missing, your lawyer can dispute the charges.

Suppose that the police found you sleeping in your parked car. However, you dropped your keys outside the car before you got in. Your lawyer could point to this fact to prove that you couldn’t have operated the vehicle.

Improperly Counted Prior Convictions

In some cases, prosecutors may miscount prior convictions, placing you at a higher repeat-offender level than you deserve. For example, prosecutors might misinterpret the charges in a case you faced while serving in the military as a DWI.

In such a scenario, your attorney can gather relevant documents and argue that a certain case shouldn’t count toward your offense level.

Penalties for Multiple DWIs in Missouri

First-offense and second-offense DWIs are usually punished as misdemeanors, as long as no injuries or fatalities occurred. However, repeat DWI offenders face felony exposure, which comes with the following penalties:

Offense	Charge Level
Persistent offender DWI or excessive BAC	Class E felony; up to four years
Aggravated offender DWI or excessive BAC	Class D felony; up to seven years
Chronic offender DWI or excessive BAC	Class C felony; up to 10 years
Habitual offender DWI or excessive BAC	Class B felony; up to 15 years