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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.

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