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Charged With a DUI Or DWI? Here's What You Need to Know
Admin • Sep 19, 2017
Roughly 20% of Americans admit to driving while under the influence, and the real numbers are potentially even higher. If you have been caught drinking and driving, you are not alone, but you are likely to feel alone as you navigate this scary situation.
Driving under the influence of drugs or alcohol can result in jail time, fines, loss of your license and other serious penalties, and rather than tackling the issue alone, you need a skilled defender in your corner. First, here's what you need to know.
1. Refusing the Blood Alcohol Test Can Have Serious Penalties
Some people believe that they can potentially reduce their punishments by refusing the take the blood alcohol test. This is not true. Missouri has implied consent laws. That means that you automatically consent to the blood alcohol test when you use the roads.
You can refuse the test, but if you do, your driving license will be automatically revoked for a year. If you submit to the test, you may not lose your license for that long even if you have a high blood alcohol content.
2. You Can Lose Your License for 30 Days with the First Offense
Generally, in Missouri, you lose your license for 30 days if you are convicted of a DUI and it's your first offense. After that, you typically have to go through a 60-day period of restricted driving. The details can vary, but generally, you have restrictions such as only being able to drive to work and back.
Once you get your license back, you may have to have an ignition lock on your vehicle. That requires you to exhale into a breathalyzer before you can start your car.
3. Jail Time Is a Possibility Even for a First Time Offense
If you have been accused of a DUI or a DWI, you need to take the charges seriously. Even if it's just your first offense, you can get up to six months in jail. Luckily, though, there is no mandatory minimum in Missouri. With the right legal counsel, you may be able to avoid jail time altogether.
4. The First Offense Can Be a Felony Conviction
In most cases, a first-time offense ends up being a misdemeanor charge. That's true whether you get jail time or not. However, in some cases, even a first offense can turn into a felony conviction.
In particular, if someone was injured while you were driving under the influence of drugs or alcohol, you may be charged with a felony. Additionally, if your blood alcohol level was particularly high or if your license was suspended, that can also lead to a felony conviction. Once you get a felony, that stays on your record permanently. It can affect your ability to get a job or pass a background check.
If any of those conditions are at play, you should not deal with the charges on your own. You should consult with an attorney who has experience fighting criminal charges and DUIs in particular.
5. There Are Ways to Reduce Your Penalty
Regardless of your blood alcohol level or any other details of your case, there are always ways to reduce the potential penalties for a DUI or DWI. An experienced lawyer can bring up all sorts of points to encourage the judge to lessen the charges and agree to the lowest penalties possible.
In almost all DUI convictions in Missouri, you have to enroll in classes with a substance abuse traffic offender program, but your lawyer can also point you toward other activities that may help reduce the charges. That can include counseling, voluntary probation or numerous other steps.
If you have been charged with a DUI, DWI or a similar crime, don't try to deal with the courts on your own. Instead, get an experienced professional in your corner. Contact David Naumann & Associates
for help today.
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EMAIL: d_naumannlaw@msn.com
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