You are not required to enter a guilty plea just because you were stopped for drinking and driving three times. Your skilled Kansas City DWI attorney can argue to get the charges withdrawn or lightened. You can contact the Law Office of Benjamin Arnold if you have any questions or worries concerning your charges or legal rights.
If a driver is discovered to be operating a vehicle with a BAC of.08% or more, they will be charged with DWI (driving while intoxicated). In Missouri, a third DWI offense will result in felony charges; first and second offenses are often handled as misdemeanors.
3rd DWI in Missouri
A third DWI offense in Missouri is regarded as a Class D Felony. If found guilty, the defendant faces a maximum term of four years in prison or one year in county jail. Additionally, the offender faces a $5,000 fine.
The most common methods for determining whether a driver has an elevated blood alcohol concentration (BAC) are breath, blood, or urine tests. Driving while intoxicated is prohibited in Missouri at the following levels:
- 0.08% for most drivers over 21
- 0.04% for commercial drivers, and
- 0.02% for those under 21
If there is reason to believe the motorist is impaired by alcohol or drugs, the police can detain a driver with a BAC below the legal limit.
Unless a condition of probation or parole specifies differently, the person must serve a minimum of 30 days in jail before becoming eligible for either probation or parole. A DWI court program that requires the completion of 60 days of community service may be connected to such a condition.
The phrase “Persistent Offender” describes someone who has entered into at least two prior guilty pleas or convictions for DWI-related offenses or who has entered into one prior guilty plea or conviction for a felony DWI-related offense.
Regardless of when the person was convicted, two prior DWI-related convictions can be utilized to upgrade the charge to a felony.
Felony DWI Missouri: What the Prosecutor Must Show
For a conviction in Missouri, the prosecutor must demonstrate each element of the crime “beyond a reasonable doubt.”
The defendant is not guilty of the offense if the prosecution cannot establish each element.
Vehicle Operation
Drivers must be operating a vehicle to be charged with DWI. In Missouri, sitting in a car with the keys in the ignition may count as operating a vehicle, even if the engine hasn’t yet been turned on.
Condition of Intoxication
A person who is “intoxicated” has used alcohol, drugs, or any combination of alcohol and drugs. Drugs include legal and illicit substances, such as methamphetamines and marijuana, as well as prescription and over-the-counter medications that may impair driving.
Having a BAC above the legal limit is another way to demonstrate impairment. The prosecutor can use the following to try and show intoxication.
- Breath tests: Breath tests are typically administered in the police station, sheriff’s office, or highway patrol station following an arrest. Within two hours after the test, the driver’s BAC is revealed.
- Blood testing: Blood tests are able to detect drugs in the driver’s body in addition to alcohol.
- Field Sobriety Tests: Law enforcement officers urge drivers to submit to field sobriety tests at traffic stops to look for indications of intoxication. The Walk and Turn Test, the One Leg Stand Test, and the Horizontal Gaze Nystagmus Test are examples of standardized field sobriety tests.
Missouri DWI Prior Conviction
The prosecutor must also demonstrate that the defendant had two prior DWI convictions to charge a third DWI in Missouri. In Missouri, there is a 5-year look-back period for prior DWIs. To assess if the defendant is facing numerous DWI charges, the state will only consider prior DWIs that occurred within the last five years.
For instance, a driver gets detained in 2019 for a DWI. The motorist was previously convicted of DWI twice, in 2012 and 2016. Due to the 2012 DWI occurring after the 5-year look-back period had passed, the motorist would be charged with a second DWI.
Defending Against Missouri DWI Third Offenses
A DWI arrest does not automatically make you guilty of a crime. Your Kansas City DWI attorney may be able to use a variety of legal arguments to have the charges dropped or win a not-guilty judgment.
Challenging Chemical Tests
Following an arrest, chemical testing of a driver’s blood or breath is not usually reliable. The test results may be inaccurate for a variety of reasons, such as:
- Improper cleaning or maintenance of the testing equipment.
- Operator mistake.
- False positives relating to diet, medication, or medical conditions.
- Improperly calibrated equipment.
- Contaminated or mixed-up test samples.
Field Sobriety Test Defenses
The police frequently use field sobriety tests; however, there are a variety of issues that might be raised in court. There are numerous non-alcohol reasons why someone could “fail” these subjective tests.
Your Missouri DWI defense lawyer can look into how the tests were administered and determine potential reasons why the driver might have failed them, including health concerns, inappropriate footwear, the time and place of the test, and unclear directions.
Contact a Reputable Kansas City DWI Lawyer
A third DWI conviction carries substantially harsher penalties than a second. A skilled Kansas City DWI lawyer can assist you in creating the strongest defense against drunk driving and safeguard your rights.
Contact the Law Office of Benjamin Arnold today if you have been charged with DWI.
