What happens if you get charged with a DWI outside your state? Although most people are familiar with their own state’s DWI regulations, they might not know other states’ laws or how to navigate the process
Defending Against First-Time Missouri DWI Charges
You should treat the issue seriously if you face a DWI or other criminal accusation for the first time. The potential punishments are serious and get worse with each subsequent transgression.
In addition, unless you take action to get your record cleared in the courts, the offense will remain on your criminal record for life if you are found guilty.
An experienced Kansas City DWI attorney is necessary to defend against a criminal DWI charge. Convictions for DWI in Missouri are serious and have severe repercussions. The Law Office of Benjamin Arnold will evaluate your criminal case and compare the consequences of a plea offer with the potential punishments.
DWI Out-of-State Laws in Missouri
Recently, the Missouri State Highway Patrol made it simpler for drivers from outside the state to receive a DWI in Missouri.
According to the new rule, if an arresting officer pulls over a car and notices any indications of intoxication, they may request that the driver submits to a breathalyzer test.
One of the most frequent causes of an out-of-state DWI is refusing to blow when given a chance. An out-of-state DWI conviction might result from refusing to take a chemical test, such as a blood, urine, or breath test. Your blood alcohol level is assumed to be high because it hasn’t been verified; therefore, you could face charges based only on that behavior.
With the hope of reducing the number of accidents caused by alcohol or drugs, this new rule is intended to ensure that every motorist on the road is sufficiently sober to operate a motor vehicle.
In Missouri, driving under the influence is a serious offense.
Depending on how many prior violations you have had in the last ten years, you may be prosecuted with a misdemeanor or felony for a DWI. If it’s your first DWI in ten years, the charge is a misdemeanor, and you might spend up to a year in jail.
How to Get a Missouri Driver’s License with an Out-of-State DWI
Those convicted of DWI in another state can have trouble getting a license in Missouri.
Suppose an out-of-state DWI offender cannot show documentation that their home state has lifted its suspension or revocation. In that case, the Missouri DMV will not issue them a Missouri driver’s license.
The following documentation is required to apply for a Missouri driver’s license:
- Evidence of identity (i.e., birth certificate, passport)
- Evidence of one’s right to be present in the country (i.e., birth certificate, passport)
- Social Security number documentation (i.e., Social Security card)
- A current out-of-state driver’s license for which they have never had a DWI conviction
Since Missouri is one of the few states without a “per se” rule, even if you aren’t driving there, you could still be prosecuted with an out-of-state DWI. Additional information about Missouri DWI laws can be obtained from a reputable Kansas City DWI lawyer.
Out-of-State DWI Missouri Penalties
In Missouri, DWI offenses from other states have the same consequences as those within the state. The main distinction is that you will need to wait at least ten days before obtaining your license returned if you are caught driving under the influence while passing through.
If found guilty of DWI, you could face the following penalties:
- Alcoholism therapy
- Court fees
- Driver’s license suspension
- Fines
- Prison or jail time
- Probation versus parole
- The cost of traffic tickets
Your driving record and criminal record will both show the conviction.
Additionally, your license might need to be reactivated. You must pay a reinstatement fee if your license has been suspended or revoked.
A DWI lawyer in Kansas City may be able to persuade the prosecutor to agree to allow you to keep some of your driving privileges instead of suspending your license.
Does Missouri Consider My DWI from Out-of-State?
DWIs are crimes and can have severe repercussions like fines, license suspensions, or even jail time. A DWI may not be regarded as such, depending on the state in which you reside. For out-of-state drivers, Missouri does not have a specific DWI law; instead, it issues citations for “driving while intoxicated.”
DWI offenders who are not state residents are not entitled to leniency from the court. Whether a non-resident is in the state to break the law (such as to elude law enforcement from another state, for example) or not, they might be detained for drunk driving.
How to Respond to an Out-of-State DWI
Arrests for DWI are made everywhere. You could incur significant fines if you are found operating a motor vehicle while intoxicated out of state.
You must take particular actions to safeguard your rights and keep yourself secure. Verify that your license is current and valid in every state where it is accepted. Learn about local regulations.
If you’ve been charged with an out-of-state DWI, you need a Missouri DWI lawyer who is qualified to handle your case.
Long-lasting penalties result from DWI convictions, but competent legal counsel can lessen these effects while even preventing a conviction. For a consultation with a Kansas City DWI lawyer, contact the Law Office of Benjamin Arnold.
