If you're stopped or even arrested upon probable cause of your driving while intoxicated in Missouri with the suspicion that your blood alcohol level (BAC) was over the legal limit, according to two differing sections of Missouri law that govern arrest and suspension or revocation of driving privileges. These include Criminal and Administrative Law:
-Criminal law refers to the ticket issued, and if you're convicted of an alcohol related the court sends copies of your conviction to the department, and points are assessed to your driver's record. As a result, point assessments may cause your driving privileges to be suspended or revoked.
-Administrative Law is a completely separate suspension or revocation of your driving privileges if your BAC is over the legal limit allowed by law OR (and this is new) if you refuse to take the blood alcohol test. Then, you receive an automatic suspension or revocation, EVEN IF YOUR TICKET IS REDUCED OR DISPOSED OF.
You'll need a great Blue Springs DUI lawyer if you get caught breaking the law.
Here are some basic guidelines about laws and penalties for driving under the influence:
While any traffic violation gains you points on your driver's license in Missouri, BAC offenses and DWI's gain you large quantities of points- for example, driving under the influence with a BAC under .04 only gains you 2 points, if your blood alcohol level is higher than that you get 8 points for the first offense and 12 points for any repeated offenses. If you receive these 8 points, and it's only your first suspension, your license will be revoked for 30 days, 60-90 days on second and third offenses, respectively.
There are also several states that don't have open container laws that meet federal requirements, Missouri being one of them.
Furthermore, you'll lose your license if you get more than 12 points in 12 months, which is easy to do with DWI offenses.
First time DWI or BAC convictions result in a 90 day suspension, but you can attempt to receive a restricted driving privilege to travel to work.
- If you are convicted of a second offense, you typically receive a 1 year suspension, because you've accumulated 12 points automatically. If you are committed a second time, you may even have your license taken away for 5 years.
-After three or more convictions, your license can be taken away for up to 10 years.
Administrative Alcohol Arrests:
If you're blood alcohol content is .08 or higher, your DWI is automatically promoted to an Administrative charge as well as a criminal charge, as well as minors with blood alcohol levels above .020%. There was a case in new york where a driver accused of .30 blood alcohol.
This means, that after the officer charges you with criminal charges, they also:
-Send out an Alcohol Influence Report Form
-File Missouri Uniform Complaint and Summons, or even file a warrant for your arrest
-Third, they suspend your drivers license, and file a temporary 15-Day Driving Permit
-Fourth they'll take your driver's license.
Your drivers license would automatically be suspended, and then they would search your records. If you've already been convicted of a drug or alcohol related offense, your license is automatically revoked for a year, but if not, you receive a three month suspension.
Refusal of Alcohol Tests:
MISSOURI NOW HAS A LAW CALLED THE "IMPLIED CONSENT LAW"
What this means is that you are obligated by law to perform a BAC test whenever you are requested to by a law officer, and if you refuse, your license is automatically revoked for a complete year. If the court upholds your arrest, you must serve the original revocation period and meet the reinstated requirements of the court, however if your arrest is overturned, your license is returned to you.
IT IS IN YOUR BEST INTERESTS TO HIRE A LAWYER IF YOU ARE ARRESTED OR CONVICTED OF A DUI CHARGE. YOUR ATTORNEY CAN HELP YOU FIGURE OUT EXACTLY WHAT YOUR OPTIONS ARE. There is also ways to get help with drinking addiction here.
If you're in need of a Blue Springs DUI attorney that can save your dough from the fire- give us a call. You'll be glad you did.