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DWI Attorney in St. Joseph, Missouri 

Your life may seem like it's crumbling when you're pulled over for a DWI. When you see those flashing lights behind you, it's common to feel stressed and overwhelmed. However, you don't have to face these challenges alone. The criminal lawyer at Johnson Law Firm stands ready to guide you throughout the entire legal process. 

Driving While Intoxicated (DWI) is a serious offense in Missouri that can lead to significant legal consequences. Understanding the nuances of DWI laws, the penalties involved, and the defense options available is crucial for anyone facing such charges. Attorney Johnson can analyze your options and craft a strong defense on your behalf.  

The firm assists those charged with DWIs in St. Joseph, Missouri, including Country Club, Platte City, Plattsburg, Stewartsville, Savannah, Cameron, and Lathrop. 

What Constitutes a DWI in Missouri?

A DWI charge in Missouri is typically associated with the following factors: 

  • Blood Alcohol Concentration (BAC): In Missouri, a BAC of 0.08% or higher typically results in a DWI charge for adults. For commercial drivers, the limit is lower, set at 0.04%. 

  • Substance impairment: Operating a vehicle under the influence of drugs, whether prescription or illicit, can also lead to DWI charges, regardless of BAC levels. 

  • Physical control: An individual may be charged with DWI even if they are not actively driving but are found in "actual physical control" of the vehicle. 

Penalties for DWI Offenses

The penalties for a DWI charge in Missouri vary depending on several factors, including prior offenses. Possible consequences include: 

First Offense 

  • Up to 6 months in jail 

  • Fines up to $500 

  • 30 days of license suspension 

Second Offense 

  • 1 year in jail 

  • Fines up to $1,000 

  • 1-year license suspension 

Third Offense 

  • 3 to 7 years in prison 

  • Fines up to $5,000 

  • License revocation for 10 years 

These penalties can be more severe if the arrest involves aggravating factors, such as having a minor in the vehicle or causing an accident.

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Defense Strategies for DWI Charges

If you are facing a DWI charge in Missouri, it’s crucial to understand the potential defense strategies that can help mitigate penalties or even dismiss the charges: 

  • Challenge the stop: Questioning the legality of the traffic stop can be an effective tactic. If law enforcement did not have reasonable suspicion, evidence gathered may be inadmissible. 

  • Field sobriety test results: Many factors can affect the performance of field sobriety tests, including medical conditions, age, and even the environment where the tests were conducted. 

  • Breathalyzer accuracy: Challenge the calibration and maintenance records of the device used for BAC testing to prove inaccuracies. 

  • Lack of evidence: Prove that there isn’t enough evidence to demonstrate that you were impaired while driving. 

Frequently Asked Questions (FAQ) About DWI Charges in Missouri

1. What should I do if I am arrested for a DWI in Missouri? 

If you are arrested for a DWI, the first step is to remain calm and comply with law enforcement. After your release, consult with a qualified DWI attorney who can help you understand your rights and legal options. 

2. Can a DWI charge be expunged in Missouri? 

In Missouri, certain DWI offenses may be eligible for expungement after a specific waiting period, typically after a certain number of years without subsequent offenses. It is advisable to speak with a legal professional to determine your eligibility. 

3. Will a DWI conviction affect my employment? 

A DWI conviction can impact your employment opportunities, especially in jobs that require driving or a clean background. It is important to disclose such convictions to prospective employers if required. 

4. How long does a DWI stay on my record? 

In Missouri, a DWI conviction will remain on your driving record for at least five years, while criminal records may last longer unless expunged. 

5. Are there any treatment programs available for DWI offenders? 

Yes, Missouri offers several treatment programs for individuals charged with DWI. Participation in these programs can sometimes lead to reduced penalties or show that you are taking steps to address any underlying issues. 

The Importance of Legal Representation

Facing a DWI charge can be overwhelming, and knowing your rights and options is crucial. Hiring an experienced criminal defense attorney can make a significant difference in your case outcome. Here are ways an attorney can help: 

  • Legal guidance: Provide clarity on your rights and the legal process. 

  • Building a strong defense: Leverage trial experience to formulate a solid defense strategy tailored to your situation. 

  • Negotiating plea deals: Assist in negotiating for lesser charges or reduced penalties. 

  • Court representation: Offer skilled representation during court proceedings, ensuring your case is presented effectively.