Second DWI Lawyer Kansas City, MO
A second DWI charge in Kansas City can threaten your freedom and your driving privileges. Combs Waterkotte is ready to defend both sides of your case.
TO COMBS WATERKOTTE,YOU ARE WHY WE EXIST.
Second DWI Lawyer Kansas City, MO
A second DWI charge in Kansas City, Missouri can bring much tougher consequences than a first-time DWI arrest. If your prior offense happened within the last five years, Missouri treats you as a prior offender, which means harsher sentencing options. You may also face a one-year driver’s license revocation and, when two qualifying convictions occur within five years, a five-year license denial.
Second DWIs require immediate legal assistance. Combs Waterkotte’s Kansas City DWI lawyers defend both the criminal and license aspects of a DWI case. We examine the traffic stop, sobriety testing, chemical evidence, and licensing deadlines to limit the impact of your second DWI charge on your driver’s license and your freedom. Call (314) 900-HELP to start building your two-front defense today.
I owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
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If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
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I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
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My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
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If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
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I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
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I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
Verify onI owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
What Counts as a Second DWI in Kansas City, Missouri?
This may seem like a straightforward question, but there is a bit of nuance to it. Under RSMo §577.010, a person commits DWI by operating a vehicle while in an intoxicated condition. Missouri defines an intoxicated condition as being under the influence of alcohol, a controlled substance, another drug, or a combination of substances. This means a DWI doesn’t necessarily have to involve alcohol, and the state does not always need a BAC result to charge you.
For sentencing purposes, a second-time DWI offense is very specifically defined under Missouri law. According to Missouri’s repeat-offender definitions, a “prior offender” is someone with one prior DWI traffic offense within five years of the new alleged offense. Qualifying prior offenses can include:
- A prior Missouri DWI or excessive blood alcohol content (BAC) offense
- A county or municipal DWI
- An out-of-state, federal, or military DWI
- A DWI involving injury or death
“I am forever grateful to [Combs Waterkotte]… I was charged with my second DWI and was very scared as to what might happen. [They were] able to get my charged [sic] reduced and my license was not suspended for one day”
-Joe | Combs Waterkotte Client
If your only prior DWI occurred more than five years ago, it may not officially count as a prior offense. Your attorney should verify the actual court record and dates rather than assume any details about your previous case.
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Criminal Penalties for a Second DWI Conviction in Kansas City, Missouri
A second DWI is not always a felony. But one prior DWI involving injury or death can qualify you as a persistent offender, making your new DWI a Class E felony. A second-time injury or death offense can result in more serious felony charges. Here are some of the most common second DWI offenses in Kansas City and their potential consequences.
| Offense | Offense level | Potential consequences |
|---|---|---|
| Second DWI with a prior offense within 5 years | Class A misdemeanor | Up to 1 year in jail and a fine up to $2,000 |
| Second DWI with a prior offense involving injury or death | Class E felony persistent-offender DWI | Up to 4 years in prison |
| New DWI with physical injury to another person | Class D felony | Up to 7 years in prison |
| New DWI with serious physical injury to another person | Class C felony | 3 to 10 years in prison |
For a prior offender DWI, the court cannot grant a suspended imposition of sentence. Before probation or parole, the statute requires at least 10 days in jail or at least 30 days of supervised community service with DWI treatment program completion. Probation for a second or subsequent DWI may also include continuous alcohol monitoring or breath testing at least four times per day.
Driver’s License Consequences for a Second Kansas City, MO DWI
DWIs in Missouri create two separate cases: a criminal case, and a driver’s license case. The Missouri Department of Revenue can impose administrative actions on your license based on whether you failed or refused a blood or breath test. The license consequences for a second DWI depend on your driving history and whether you failed or refused:
- First-time test failure: 90-day license suspension
- First-time test refusal: 1-year license revocation (eligible for limited driving privileges after 90 days)
- Second-time test failure: 1-year license revocation
- Second-time test failure (within 5 years): 5-year license revocation
- Second-time test refusal: 1-year license revocation (ineligible for limited driving privileges)
The 15-Day Administrative Hearing Deadline
After a DWI license suspension, you have 15 days to request a Missouri administrative alcohol hearing. At this hearing, your lawyer can challenge issues such as probable cause, operation of the vehicle, and whether the chemical test met legal requirements in an attempt to get you your license back.
Can You Keep Driving After a Second DWI Arrest in Kansas City?
In some cases, you may be able to keep driving after your second DWI. If your license suspension comes as a result of a second DWI within five years, though, Missouri does not provide the same Restricted Driving Privilege (RDP) available to many first offenders. A Limited Driving Privilege (LDP) may still be possible, though.
A Limited Driving Privilege can permit driving for approved needs like work, school, treatment, medical care, or court obligations. With an active five or ten-year license denial, you usually have to petition the circuit court for relief (rather than applying directly through the Department of Revenue).
License Reinstatement After a Second DWI in Kansas City, Missouri
A second DWI involves more reinstatement requirements than a first-time offense. Depending on the specific circumstances of your case and your history, the process may include:
- SATOP completion: Missouri requires completion of the Substance Awareness Traffic Offender Program before reinstatement after a second DWI.
- SR-22 proof of insurance: Missouri requires SR-22 proof of financial responsibility for two years after a license suspension, revocation, or denial.
- Ignition interlock device (IID): Missouri law requires an IID after a second or subsequent DWI for at least six months.
- Driver testing after a revocation: A one-year license revocation requires retaking the complete driver test before full reinstatement.
Because many of these requirements may overlap, your lawyer should compare your court case with your actual Department of Revenue record and the license reinstatement rules that apply to you.
Defense Strategies for a Second DWI Charge in Kansas City, MO
While a second DWI is almost always more serious than a first-time offense, that doesn’t mean it can be defended. Combs Waterkotte has defended thousands of Missouri residents against DWI charges using the following defense strategies:
- Unlawful stop or arrest: We investigate whether police had reasonable suspicion to stop or arrest you in the first place
- No proof of operation: Using video, witnesses, phone data, or crash evidence, we may attempt to show you weren’t actually driving the vehicle
- Unreliable field sobriety testing: We demonstrate how instructions, road conditions, weather, injury, age, or medical issues affected your performance on sobriety tests
- Breath or blood testing problems: We examine device maintenance, observation procedures, warrants, blood collection, storage, and lab methods, to limit or eliminate evidence against you
- Alternative explanations for impairment: We use medical or video evidence to explain fatigue, anxiety, injury, allergies, speech patterns, or medication effects
- Invalid repeat-offender enhancement: We look into your prior case, dates, disposition, and statutory definitions to determine whether it legally counts as a DWI
Why Choose Combs Waterkotte for Your Second Kansas City DWI?
Combs Waterkotte brings over 100 years of combined criminal defense experience to every Missouri DWI case we handle. Our robust team combined with a network of statewide resources means we can dedicate due attention to your charges without compromising our core philosophy of exceptional client communication.
We prepare your criminal and license cases together, preserving video evidence, obtaining testing records, verifying (or refuting) your prior conviction, and tracking important administrative deadlines. We build each case for negotiation and, when necessary, a trial defense.
How We Will Take On Your Second DWI Charge
When you hire Combs Waterkotte to defend you against your second DWI charge, our work may include things like:
- Auditing your prior record: Confirming whether your earlier offense makes you a prior or persistent offender under Missouri law
- Protecting license deadlines: Identifying the administrative action, requesting a hearing or review, and evaluating options to keep you on the road
- Preserving the evidence: Obtaining body camera, dash cam, dispatch audio, booking videos, testing records, lab materials, and witness information
- Challenging the stop and testing: Reviewing reasonable suspicion, probable cause, field sobriety procedures, chemical testing, warrants, and chain of custody
Legal Video:
While your case is pending, we’ll help to ensure you follow all bond and driving restrictions to help limit potential exposure to additional criminal and driver’s license consequences.
Contact a Second DWI Lawyer in Kansas City, Missouri Today
A second DWI in Kansas City, Missouri can threaten your freedom and your driving privileges at the same time. License deadlines come up quickly, and repeat offender rules can sharply increase the criminal consequences. Don’t worry, though—we’re here to help. Call Combs Waterkotte at (314) 900-HELP or contact us online for a free, confidential consultation. We’re ready to take on your case and limit the impact of your second DWI on your life, career, and future.
Resources
For more information on DWI defense in Kansas City or anywhere else in Missouri, call the Combs Waterkotte criminal defense attorneys right away at (314) 900-HELP or contact us online for a confidential consultation.
What Is the Process of Going to Court for a DWI?
What DWI/DUI Defense Lawyers Actually Do in Missouri
Step-by-Step Walkthrough of a Missouri DWI/DUI Traffic Stop
Can a DWI/DUI Be Reduced in Missouri?
Long Term Consequences of a DWI
How Do You Beat a DWI/DUI Charge in Missouri?
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