Missouri DWI Attorney

Driving while intoxicated anywhere in Missouri can lead to an arrest. The consequences of a conviction are serious, too. Not only do you face potential jail or prison time, depending on the circumstances of the DWI, and significant fines and fees, you also face lasting personal and professional consequences beyond the courtroom.

DWI isn’t a crime committed by one specific demographic; people of all walks of life commit it, from CEOs to teachers to students to fathers to unemployed persons. So, even after you paid your debt to society by fulfilling the terms and conditions of your sentencing, you face punishment imposed by society, known as collateral consequences.

Collateral consequences can include things like, losing a job or inability to obtain a good job, losing a professional license, losing security clearance, losing child custody, inability to secure loans, inability to find good housing. In some cases, if you are convicted of a felony DWI, then you can also lose constitutional rights, like your right to vote and your right to own and use a firearm.

As you can see, a DWI charge can have a significant impact on your life. It is very important to fight the charge. You should never plead guilty at your arraignment. There are some situations, however, that a plea deal where you have to plead guilty may make sense in your unique situation. Generally speaking, however, you want to fight the charge. The latter is your best means to dismissal of charges before trial or an acquittal at trial.

Higher Level Legal is the kind of law firm committed to what’s right for you and your situation. We don’t let the first plea deal offer sway our judgment just to move on to the next client. Our team will review your case and advise you of your best options. That way you can make an informed decision about your own future.

For what DWI defense typically costs, see how much a DWI lawyer costs in Missouri.

DWI Offenses in Missouri

In Missouri, the legal blood alcohol content (BAC) limit is:

0.08% for most persons;
0.04% for commercial drivers; and
0.02% for minors.

When you drive on a public highway, you consent to a chemical test, but you can still refuse upon request. If you refuse, however, you could face a longer driver’s license suspension period, and the officer will likely request a warrant to obtain a blood or urine sample anyway. The offenses you could face in Missouri for allegedly violating DWI laws include:

Missouri classifies DWI offenders based on their number of prior alcohol- or drug-related driving convictions, not on BAC level or speed. Under RSMo §577.001, a driver can be found a “prior,” “persistent,” “aggravated,” or “chronic” offender depending on how many qualifying convictions they have, with each tier carrying progressively harsher penalties under RSMo §577.010. A BAC of 0.15% or higher still matters. Missouri law treats a high BAC as a factor that can increase sentencing severity, but it doesn’t by itself create “aggravated offender” status. That classification comes from your driving record. An attorney who understands how your prior history and current charge interact can tell you exactly what you’re facing.

Missouri does allow some DWI convictions to be expunged under RSMo §610.130, but it’s a slower, more limited process than many people expect. You generally must wait at least 10 years from the end of your case (including the end of any probation, parole, or incarceration) before you can even petition. You must also have no other intoxication-related traffic offenses during that period, you cannot currently hold a commercial driver’s license, and Missouri generally allows only one DWI expungement per person, per lifetime. It also requires an actual court hearing, where a judge decides whether to grant it. It isn’t automatic. An experienced DWI attorney can evaluate whether and when you’ll qualify.

Missouri DWI Defenses and Defense Strategies

Sometimes the beginning of your defense begins with the administrative process associated with your DWI arrest. When arrested for a DWI, you are given a temporary license and then have an option for an administrative review, upon request. This review is your means to fight the suspension of your driver’s license. If you hire an attorney to represent you, your attorney can use this as an introduction to your case, as a means to get a good idea of what evidence the State has, and to lock in the testimony of the police officers.

Apart from the administrative review for your driver’s license, there are other defenses and defense strategies that your attorney may employ.

The breath test was wrong (e.g., poor maintenance or calibration of the instrument or some kind of health condition) or was administered improperly.
The blood test was wrong (e.g., the integrity of the blood sample was questioned due to improper handling) or an issue arose during the chain of custody of the blood sample.
The field sobriety tests were administered improperly.
The police did not have reasonable suspicion to stop your vehicle.
The police did not have probable cause to arrest you.
The police unlawfully obtained or administered a search warrant.
The police otherwise unlawfully searched your person or property.
The police failed to read you the Miranda warning.

When any of the above are present, then your attorney will likely file a motion to suppress the evidence or negotiate with the prosecutor for a reduced charge or for dismissal of the charges when the evidence is insufficient due to its suppression.

Smart, Strategic DWI Attorney in Cass County

If you have been charged with a DWI in Raymore or anywhere else throughout Cass County, it is important to retain an attorney who will provide an honest assessment of your case. You should choose your attorney carefully to make sure your chances for a positive outcome are improved.

Higher Level Legal, DWI Law Firm located conveniently in Raymore, will review your case carefully. We will also listen to your wants and expectations and then provide you with your best options. Contact our office today to schedule your consultation. Then, come prepared with questions and with an intention to get your case resolved.

DWI defense is one of many criminal matters we handle. Visit our criminal defense services page for a full overview of how we help Missouri clients.