Underage DWI Lawyer Kansas City, MO
Pulled over for DWI under the legal drinking age? Combs Waterkotte’s Kansas City, Missouri DWI lawyers are ready to protect your license, freedom, and future.
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Underage DWI Lawyer Kansas City, MO
An underage DWI arrest in Kansas City can create consequences that most families may not expect. While Missouri’s standard DWI law applies to drivers aged 16 through 20, drivers under 21 face driver’s license consequences that take effect at a very low blood alcohol concentration. The criminal and license problems are complicated, and if you or your child has been charged with a DWI, you need an attorney on your side.
Combs Waterkotte’s Kansas City DWI lawyers are equipped to defend DWI criminal charges and driver’s license cases simultaneously. We examine the stop, field sobriety evidence, chemical testing, age-related license rules, and every deadline that can affect a young driver’s ability to stay on the road. Call (314) 900-HELP now to discuss your case and what needs to happen next.
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 Is an Underage DWI in Kansas City, Missouri?
The state of Missouri doesn’t have a separate law specifically for DWI offenses committed by underage drivers. Instead, motorists of all ages are subject to Missouri’s DWI statute, which defines intoxication as being under the influence of alcohol, drugs, or any combination of them.
“[Combs Waterkotte] helped me with DWI charges… [They were] able to get the best possible outcome for my case. It was even better than I was hoping for. It was my 2nd DWI, but not only did I NOT lose my driving license, but charges were reduced to suspended imposition of sentence (2 years unsupervised probation).”
-T.S. | Combs Waterkotte Client
What changes for a driver under 21, however, is the license law. RSMo §302.505 authorizes the Missouri Department of Revenue to suspend or revoke driving privileges when a driver under 21 is pulled over and found to have a BAC of 0.02% or more. This is commonly called “Missouri’s zero-tolerance law,” and it can lead to quick, harsh license consequences.
0.02% and 0.08% Blood Alcohol Content Thresholds
Both of these thresholds are critical in underage DWI cases. A BAC between 0.02% and 0.079% can support a zero-tolerance license action while not necessarily resulting in criminal charges. The table below covers both criminal and license penalties for Kansas City drivers under the age of 21 at various blood alcohol content levels:
| BAC level | Possible consequences |
|---|---|
| Below 0.02% | No license consequence or alcohol-related DWI charge |
| 0.02% to 0.079% | Zero tolerance license suspension or revocation |
| 0.08% to 0.149% | Zero tolerance license suspension or revocation and DWI charge |
| 0.15% or higher | Zero tolerance license suspension or revocation, DWI charge, and possible high BAC enhancements |
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Underage DWI Penalties in Kansas City, Missouri
Being under the legal drinking age does not reduce the criminal classification of DWI; minors and drivers who cannot legally drink are charged the same as individuals 21 years old or older. The table below outlines several underage DWI criminal consequences depending on the circumstances of the offense:
| Situation | Offense level | Possible criminal consequences |
|---|---|---|
| First DWI | Class B misdemeanor | Up to 6 months in jail and a fine up to $1,000 |
| Prior offender DWI | Class A misdemeanor | Up to 1 year in jail and a fine up to $2,000 |
| DWI with passenger under age 17 | Class A misdemeanor | Up to 1 year in jail and a fine up to $2,000 (even with no prior DWI) |
| DWI causing physical injury | Class D felony | Up to 7 years in prison |
| DWI causing serious physical injury | Class C felony | 3 to 10 years in prison |
A young driver who already has a DWI on their record can face much steeper consequences than a first-time offender, both in terms of their driver’s license and potential jail time. That’s why it’s critical to hire a DWI lawyer right away, especially if this is not your first charge.
What Happens if a Driver Is 16 or 17?
Parents often assume a DWI involving a 16 or 17 year old will automatically stay in juvenile court. However, that’s not always the case; Missouri’s jurisdiction rules are complicated.
RSMo §211.031 covers whether juvenile court cases are tried in juvenile court or not. For first-time and less serious DWIs, juvenile court may have jurisdiction. However, for felony DWI charges, juveniles may have to go through Kansas City criminal court.
Driver’s License Consequences After an Underage DWI Arrest in Kansas City, MO
Underage DWI cases can result in driver’s license consequences in a number of ways. Offenders may face a license suspension for refusing or failing a chemical test, or face a license revocation after a guilty finding. The most common driver’s license consequences for underage DWIs in Kansas City are covered in the table below:
| Offense | Typical consequence |
|---|---|
| First DWI | 30-day suspension followed by 60 days of restricted driving privileges |
| Second DWI (within 5 years) | 1-year license revocation |
| Chemical test refusal | 1-year license revocation |
15-Day Administrative Hearing Deadline
If a driver under 21 years old faces a license suspension or revocation for driving while intoxicated, they have 15 days to challenge the suspension at an administrative hearing. At this hearing, an attorney can attempt to get your driving privileges partially or fully reinstated.
Court-Ordered License Suspensions
Missouri’s underage license suspension law requires courts to suspend or revoke driving privileges after a person under 21 is found guilty of DWI. For a first offense, the suspension is 90 days; a second or subsequent offense results in a one-year license revocation.
Refusing a Breath or Blood Test
Missouri’s implied-consent law allows officers to request chemical tests when they pull someone over for DWI under reasonable suspicion. If a driver refuses a test, they can face a one year license revocation under RSMo §302.574. The driver can file a petition for review in the county where the stop or arrest occurred.
While a test refusal does not automatically prove DWI, a refusal can be used as evidence. Combs Waterkotte always recommends refusing chemical testing, even in spite of potential license consequences. We believe it’s easier to challenge a test later than to give critical evidence of intoxication to police.
How to Get Your Driver’s License Back After an Underage DWI in Kansas City, MO
The state of Missouri requires particular steps before an underage driver’s license can be fully reinstated after a DWI offense. Depending on the specifics of the case, you may have to do one or all of the following:
- SATOP: Missouri requires completion of the Substance Abuse Traffic Offender Program in many DWI license cases, and RSMo §302.425 specifically requires a court to order SATOP for many under-21 alcohol offenses.
- Ignition interlock: RSMo §302.525 allows for an ignition interlock device restricted driving option in certain first-time DWI cases and requires an ignition interlock device in higher risk or repeat offender situations.
- Proof of insurance: Financial responsibility requirements often depend highly on specifics of your particular case. The Missouri Department of Revenue reinstatement guide lists all the documents required for each action.
Defense Strategies for an Underage DWI in Kansas City, Missouri
At Combs Waterkotte, we’ve helped thousands of Missourians beat DWI charges. Depending on the facts of your case, we may be able to use one or several of the following defense strategies to keep you out of jail and protect your driver’s license.
0.02% BAC Does Not Automatically Prove Criminal DWI
One of the most important factors in an underage DWI case is the difference between the license penalties threshold and the criminal offense threshold. A 0.02% result can trigger license issues, but the state still must prove intoxication to convict you of a DWI. A low BAC combined with normal driving, normal speech, good coordination, and favorable video evidence may undercut criminal allegations.
The Stop Was Not Lawful
An officer needs a lawful basis to stop a vehicle. We compare the police report with dash cam, body cam, traffic video, dispatch records, and witness accounts to ensure officers followed proper protocols. If they did not have a legitimate reason to pull you over in the first place, the stop and any evidence obtained from it may be subject to challenge.
The Chemical Test Is Unreliable
Breath and blood results are not immune to errors. When it comes to testing, we can review maintenance logs, operator certification, collection procedures, lab testing methods, chain of custody, and whether the reported result actually belongs to you. Small measurement issues can make a big difference when the allegation is close to the 0.02% threshold.
Field Sobriety Evidence Has Another Explanation
Fatigue, anxiety, a roadside surface, footwear, an injury, a medical condition, or difficulty understanding instructions can all affect field sobriety performance. Video sometimes shows a much different picture than the officer’s written description. We can work to get certain field sobriety test methods thrown out.
The State Cannot Prove Operation or the Required Prior Record
A passenger may be mistaken for a driver, or the state may be unable to prove who operated the vehicle at all. The state must prove exactly who was in control of the vehicle at the time of the offense, and we can use available evidence to show that you were not driving.
In a repeat offense case, we also audit every alleged prior offense because the classification and license consequences depend on what is actually in your record. Misclassifications or clerical errors may show you are not, in fact, a prior offender.
Why Choose Combs Waterkotte for a Kansas City, Missouri Underage DWI Case?
An underage DWI can affect school, work, transportation, insurance, and a young person’s record and future all at once. At Combs Waterkotte, we look at the criminal prosecution, the Department of Revenue action, and the long-term consequences as one defense problem when building your defense.
We’ve taken on and won countless DWI cases across Missouri. We have over 100 years of combined experience protecting Kansas City residents from criminal charges, and we take a client-centered approach to keep you informed at each step of your case. When an underage client is facing DWI charges, we use the full scope of our statewide resources to build the best defense available.
How We Defend Underage DWI Charges in Kansas City, MO
Once you hire us to handle your underage DWI case, our team moves quickly to preserve evidence and protect deadlines. Depending on the facts, our work may include:
- Protecting license deadlines: We’ll request the correct administrative hearing or file the appropriate petition for review before you lose your driving privileges
- Reviewing the stop and arrest: We’ll compare the officer’s stated reasons for the stop with video, dispatch logs, traffic evidence, and witness accounts.
- Auditing breath and blood testing: We’ll obtain maintenance, calibration, collection, laboratory, and chain-of-custody records.
- Checking the driver’s age and prior records: We’ll determine which under-21 suspension rules, prior-offender provisions, and court procedures (if any) actually apply to your case.
- Planning for reinstatement: We’ll identify SATOP, ignition interlock device, insurance, and other requirements early so you won’t be surprised later.
- Preparing for court: We’ll seek dismissal or reduction when the evidence supports it. We’ll also prepare for trial when a fair resolution is not available.
Legal Video:
Contact an Underage DWI Lawyer in Kansas City, Missouri Today
An underage DWI arrest can create a criminal case, a driver’s-license case, and potential consequences to a young person’s future before a family has had time to understand what’s happening. You can avoid many of the pitfalls involved with a DWI case by hiring an attorney as early as possible.
Call Combs Waterkotte now at (314) 900-HELP or contact us online for a free, confidential consultation. We defend underage DWI cases in Kansas City and throughout Jackson County and can start protecting both the driver’s record and driving privileges immediately.
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?
Charged with a DWIDUI in Missouri? Here’s What You Need to Know
Can You Get Probation for DWI/DUI?
How Do You Beat a DWI/DUI Charge in Missouri?
Hidden Costs of a DWI Conviction in Missouri
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