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Drunk Driving - Accused of Drunk Driving
Driving while intoxicated (DWI) or driving while under the influence
of alcohol or narcotics (DUI) is a serious offense. If anyone is injured
by your actions, you may face serious criminal and even murder charges.
If it's your first offense, and if no injury is involved, the consequences
may be as light as a fine and a suspended license or less. But make
no mistake, even first-timers are going to jail these days. If you
have previous arrests, you may face stiff penalties. In many cases,
even with a second or third offense, a lawyer may be able to keep
you from going to jail. And make no mistake, your previous record
will be a factor, even if you had a prior arrest or conviction taken
care of. Even though the prior may not appear on your official driving
record, it will appear in records available to the police and the
prosecution. If that's the case, you aren't likely to fool a judge
into thinking you are a first time offender.
Another consequence of DWI/DUI is the loss of your license. In Kansas
and Missouri, if your blood alcohol content is more than .08% in Kansas
or .08% in Missouri, the state requires the police officer to take
your license immediately. If you refuse a breath test the officer
will likewise take you license immediately, and your license is gone
for a year. This can be reviewed, but you have to ask for a review
immediately. In Missouri you have 15 days to request a review in writing.
In Kansas you have only 10 days. If you miss the deadline, you will
have no further chance of appeal.
Suspension or revocation of your license can last from 30 days to
a year, or perhaps even longer. The rules covering loss of license
are too complicated to explain here. If you have questions about them,
you'll need to speak with an attorney. |