If you have been stopped or arrested in Jefferson City while driving and your blood alcohol level was found to be over the legal limit, you may have your driving privileges suspended or revoked according to two separate sections of Missouri law.
The first section addresses criminal law and refers to the citation you received. If you are convicted of an alcohol-related offense such as a DUI or DWI, points will be assessed on your driving record. Furthermore, your driving privilege may be revoked or suspended.
The second section addresses administrative law. If your blood alcohol content (BAC) is over the legal limit or if you refuse to take a BAC test, this section imposes another revocation or suspension of your driving privileges. In some cases it can result in an immediate revocation or suspension, even in cases in which the ticket was disposed of in court or reduced to a lesser charge.
Get Legal Representation for Your Criminal Defense
If you are facing a first-time DWI or DUI charge in Jefferson City, Missouri law allows you to represent yourself in court. However, cases are often complex and it will be challenging to have the detailed legal knowledge necessary to defend yourself.
Do not risk your driving privileges and your future. Call the criminal defense lawyers at Kirsch & Kirsch, LLC today.
A DWI attorney is prepared to listen to your situation and help defend your rights. Schedule a consultation today, we have helped many drivers with their DUI or DWI cases and can do the same for you.
How likely is jail time for a first DUI in Missouri?
DWI and DUI occur when you are pulled over in Jefferson City because of a suspicion you are driving drunk. In Missouri, both DWI and DUI refer to the same charge and are considered serious criminal charges.
Drivers in Jefferson City, Missouri, can be charged if they are found to be driving in an intoxicated condition. This is defined as:
- Being under the influence of any combination of controlled substances, alcohol, or drugs.
- Having a Blood Alcohol Content of .08% or higher for all drivers or .04% or higher for commercial drivers.
A first-time DWI or DUI offense is classified as a class B misdemeanor and may have the following penalties attached to it:
- A maximum jail sentence of 6 months
- Fines up to $1,000 and court fees
- Driver’s license suspension for 30 days if there are no prior convictions and 60 days of restrictions thereafter
What You Need to Know About a Missouri DWI
Being charged with a first DUI or DWI in Jefferson City, MO (due to a failed BAC test or due to intoxication by alcohol or drugs) will result in a 90-day suspension of your driving privileges.
In certain cases, you may be eligible for a restricted driving privilege (RDP). This applies if you have not received any previous alcohol convictions. In this case, there are two options available to you:
You may receive an immediate 90-day RDP with an ignition interlock device
This serves only for the purpose of allowing you to attend work, school, medical appointments, drug and alcohol treatment centers, or court obligations.
You may receive a 30-day suspension, followed by a 60-day RDP
This serves for the purpose of driving to and from work, school, alcohol treatment, or to the ignition interlock provider. You are only entitled to receive this option after having served a 30-day suspension period and filing required forms.
Missouri First Offense DWI Statutes
In Missouri, there are no separate statutes for DUI or DWI. All acts of driving under the influence are included in DWI statutes. Here is how they are defined:
In Jefferson City Missouri, a DWI charge is defined as an individual operating a motor vehicle commiting the crime of driving while in an intoxicated or drugged condition. Statutes §577.010, RSMo. §577.001, RSMo defines an intoxicated condition as one in which an individual is under the influence of a controlled substance, alcohol, drug, or any combination of the three.
An individual commits the crime of driving or operating a motor vehicle with a blood alcohol content exceeding 0.8%. §577.012, RSMo. Percentage by weight of alcohol in the blood is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. §§ 577.012, 577.037, RSMo.
How can our attorneys help you?
Being charged with a DWI is a frightening experience, and can have long-term consequences in your life.
Having any charge on your record may cost you your employment, and create challenges finding a future employer.
It may also affect your education. Many educational institutions may refuse an applicant with a criminal record.
You may also find it difficult to secure housing or conduct any other activity which requires a background check.
A skilled criminal defense attorney from Kirsch & Kirsch, LLC being on your side allows you to combat any charges in a confident and prepared way. If you have been charged with your first DWI, trust our team to know the law that applies to your case and assist in the entire process.
Our attorneys are always available to answer your questions with concern and honesty. We will provide the legal options that will allow pursuit of the most favorable outcome for your case. Just as we have done many other DWI cases.
Our experience has taught us there are no simple DWI cases. Each case has its own unique factors, which is why it requires an experienced DWI attorney from Kirsch & Kirsch, LLC to evaluate your case correctly. We offer no-obligation consultations to discuss your case.
Although penalties attached to a first-time Class B misdemeanor range from jail time to steep fines, we have helped many of our clients receive no jail time even when pleading guilty. Also, many cases avoid conviction, even without going to trial. We also have success in getting DWI charges amended without going to trial.
Schedule your consultation today and begin receiving a much-needed peace of mind.