DWI Lawyer in Columbia, MO

A DWI is the equivalent of a DUI in other jurisdictions. No matter what it is called, Missouri legislation enforces harsh punishments on motorists who are found to have alcohol or drugs in their system. If you have been charged with driving while intoxicated (DWI) in Missouri, you could be facing fines, license suspension or revocation, and incarceration. Understanding potential punishments is crucial in understanding your legal options.

At Landon Miller Law, our Columbia DWI attorney knows that the prosecution has an uphill battle ahead of them when prosecuting such matters. With our founding attorney having experience on both sides of the courtroom, Attorney Landon Miller knows what tactics a district attorney will try and how to effectively “poke” holes in their case.

Elements of DWI in Columbia, MO

Even if you believe that you were guilty of intoxicated driving, the State must prove certain elements to convict you. Each element must be proven beyond a reasonable doubt. Beyond a reasonable doubt is established when a reasonable person would have no logical basis to doubt that the defendant committed the alleged offense.

The elements in a DWI case include:

• Being in operation or control
• Of a motor vehicle
• While intoxicated (which can include driving with a BAC of 0.08%, impaired from drugs, and greater or showing signs of impairment)

While it is up to the State to prove your criminal actions, not every piece of evidence is necessarily accurate. For instance, a breathalyzer is known for having issues with calibration, creating a false positive reading. In working with a criminal defense lawyer, you want someone who will comb through all the information in your case to discern the basis of the prosecution’s case.

Missouri BAC Limits with their Drivers License

Missouri illegalizes the operation of a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, with commercial drivers being held to a BAC of 0.04%. Alternatively, a person who is below the legal limit can still be charged with DWI if they are showing any signs of impairment, impeding their ability to operate their vehicle safely. A person will lose their license above a .08 and an underage person will lose it at a .02.

DWI Penalties in Columbia, MO

Missouri Revised Statutes imposes harsh penalties for those accused and found guilty of driving while intoxicated. Aggravating factors, such as an increased blood alcohol concentration (BAC) or causing injury or death to others, can result in increased penalties. Below, we summarize the penalties for a first-time offender in the Show Me State.

Incarceration

Individuals who are convicted of a first offense may go to jail for up to six months. However, if your BAC is elevated (0.15% to 0.2%), then you will be sentenced to a mandatory 48 hours in prison, with those found with a BAC of 0.2% or greater being sentenced to a mandatory five days in jail. Even so, many first-time offenders do receive a suspended sentence in lieu of imprisonment.

License Suspension

First-time DWI offenders will have their license suspended for 90 days. However, you may be eligible for a restricted license, allowing you to drive to school, work, or to the doctor. To qualify, you must show that losing your driving privileges will create undue hardship. Individuals who have a 0.15% or higher will be required to participate in an alcohol treatment program, in addition to having to pay steeper fines and a longer license suspension.

Fines

As a first-time offender, you could have to pay up to $500 in fines. The fines only increase for subsequent DWI offenses.

Aggravating Factors in a DWI

If your drunk driving has caused physical injury, serious physical injury, or death, then you will face felony charges. Other circumstances that can increase a misdemeanor charge to a felony include child endangerment, an elevated BAC, or driving on a suspended or revoked license. If any of these situations apply, you need aggressive representation to help you avoid increased time behind bars.

Charged with DWI? Speak with Our Columbia DWI Attorney Today

Driving while impaired by alcohol and/or drugs is a serious offense, calling for serious representation. What many defendants fail to realize is that simply being accused of a crime does not equate to being guilty. Everyone deserves a fair trial, and being charged with a DWI is no exception.

At Landon Miller Law, our Columbia DWI lawyer takes pride in helping individuals at their lowest, helping them to persevere in the face of adversity. If you are facing DWI charges, do not hesitate to contact us today. Our Columbia office can be reached online or by calling (573) 658-1919.

Frequently Asked Questions:

Should I refuse the breathalyzer or blood test if I’m pulled over for DWI in Missouri?

This is one of the most consequential decisions you’ll face ,and there’s no perfect answer. Missouri’s implied consent law requires you to submit to a chemical test when requested by a law enforcement officer. If you refuse, your driving privilege is revoked for one year ,and this is automatic, even if the ticket is later reduced or dismissed in court. A refusal can also be used against you at trial as proof of impairment, and if you refuse, police can request a warrant to force a blood test. Both choices carry risk ,which is why having an attorney involved immediately after arrest matters so much.

Do I have to do the field sobriety tests if I’m pulled over in Columbia, MO?

No ,and understanding this distinction can make a real difference in your case. Field sobriety tests are voluntary. You must get out of the car if asked, but you may refuse to participate in the field sobriety test. There are no legal consequences from declining to participate in the field portion. Field sobriety tests are subjective and may be influenced by medical conditions, poor road conditions, or improper administration by law enforcement. You should, however, politely decline and immediately ask to speak with an attorney. Refusing the roadside breath test (PBT) is also advisable ,it’s the post-arrest chemical test that carries legal consequences.

When does a DWI become a felony in Missouri?

A DWI escalates from a misdemeanor to a felony faster than most people expect. A person convicted of two DWI offenses ,or a DWI that injures or kills someone ,is considered a persistent offender. A subsequent DWI conviction will be a Class E felony. As an offender obtains additional convictions or causes death or injury in DWI offenses, the felony level and potential prison term will continue to increase. Felony DWI penalties range from 4 years to 15 years in prison depending on the classification. Having a passenger under age 17 at the time of arrest also elevates a first offense to at minimum a Class A misdemeanor charge.