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    Law In Kansas City specialises in bankruptcy, divorce, traffic tickets, mediation, family law, probate and estate planning.

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EXPERIENCED DUI Attorneys

A Better Law Firm for Traffic Related Legal Matters


Call for a consultation. 816-479-2700

If you have received a DWI or DUI, contact our office immediately or by phone 816-479-2700 or you may lose your right to drive.

OVER 21 UNDER 21
Anyone whose blood level is .08% or above will be arrested for Driving While Intoxicated Anyone whose blood level is .02% or above will be arrested for Driving While Intoxicated

 

What happens to my driver's license?
What if I am under 21
Criminal side of DWI
What if I have a CDL?
Is this going to affect my ability to get into college or get a job?

Administrative Actions

You must request a hearing within 15 days of the date of your arrest. It will ask if you are requesting a hearing in person, by telephone or by affidavit. You will want to discuss which option is best for your but most of the time a telephone hearing is sufficient. If a hearing is granted, a permit to drive will be mailed to you if you have surrendered your driver license and are eligible to drive in Missouri. The permit will allow you to drive until 15 days after the decision from the hearing is mailed to you. If you do not request a hearing within 15 days from the date the Notice of Suspension/Revocation is issued to you, your hearing will be denied and no further appeal is possible. If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.

 

What happens if I lose the Administrative Hearing?

If you lose the administrative hearing, your driver license will be suspended or revoked based on the prior five-year driver record. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.

  • If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year
  • If there is no prior conviction during the past five years, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege.

If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the court upholds the arrest, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the suspension or revocation is canceled and the license is returned, if applicable.

How do I get my license back?

In order to be able to drive again, you will need to do the following:

  1. Pay a $45 reinstatement fee.
  2. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date.
  3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. (Proof of completion should be mailed directly by the SATOP program staff).
  4. If revoked, the individual is required to take the complete written and driving tests before applying for a new license.
  5. CAVET: You may not be eligible for reinstatement based on points if you had companion tickets or points on your record prior to the DWI.

What happens if I refused to take the breath test?

Missouri's implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If you refuse, then your license is refused for one year. The police officer will issue you a notice of refusal and will take your license. You are then given a 15 day permit. You must file a petition with the Court to continue your driving privileges beyond the 15 days. Many times people do attempt to take the test but for whatever reason it does not register on the machine. The officer may give a chance or two and then issue you a notice of refusal. If this happens to you, contact us immediately and we will help you fight to keep your license.

 

What points will be on my driving record if I am convicted of DWI?

First, you do not need to be criminally convicted for points to go on your driving record. If you do not request an administrative hearing or you lose your administrative hearing, points will show up on your driving record.  The points are as follows:

8 points: 1st BAC, DWI, Driving Under the Influence of Drugs

12 points: 2nd or subsequent convictions

If you received any additional violations such as speeding, failure to stop at a stop sign, etc. you will receive additional points UNLESS your attorney has had them reduced to no point violations. This is another reason why hiring an attorney is imperative - you could end up losing your license for longer than necessary. We can help you get your license back as quickly as possible.

What if this is my second conviction?

If this is your second conviction in a five year period, you will lose your license for five years.

If this is your second conviction but the first conviction was more than five years ago, you will be revoked for one year.

If this is your third or greater conviction, you will lose your license for 10 years. However, after the 10 years has passed, you must have a Court order to reinstate your license.

How will I get to work or school if I do not have a license?

You may be eligible for a Limited Driving Privilege (LDP). In order to apply for the LDP, you will fill out a form with the Missouri Department of Revenue. You must have SR-22 insurance on file with MDOR or send it in with your application. You may also apply for an LDP by filing a petition with the associate court in the county where you live or work. The Court may order you to have an ignition interlock device in your vehicle.

Abuse and Lose: Anyone under 21 years of age may lose their driving privileges either by suspension or revocation for any one of the following reasons:

  • Alcohol related offense (blood alcohol level of .02% or more);
  • Possession or use of alcohol while operating a vehicle;
  • Possession or use of a controlled substance;
  • Alteration, modification or misrepresentation of a driver's license
  • Second offense involving possession or use of alcohol by someone less than 18 years of age.

 

What if I am under 21?
Anyone under 21 years of age may have his or her driving privilege suspended for 90 days for a first offense or revoked for one year for a subsequent offense.

In order to get your license back, you need to:

  1. Pay a $45 reinstatement fee.
  2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

Additional concerns:

  • If you were caught in possession of alcohol you will have an additional 2 points on your driver's license on top of the points for the DWI.
  • If you were issued additional tickets at the time of your arrest or if you had points on your record prior to your arrest, you may not be eligible for reinstatement.

Hiring an attorney can help in keeping additional points off your driving record.

 

Call for a free consultation. 816-479-2700

Law In Kansas City
721 NE 76th
Kansas City , MO 64118

kansas city dui lawyer

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CONTACT US
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ADDRESS, PHONE & EMAIL

LAW IN KANSAS CITY

721 NE 76th St.

Kansas City, Mo 64118

 

p. 816.479.2700

f. 816.479.2708

Email: carriesue@lawinkc.com

OFFICE HOURS

Monday: 8am to 5pm

Tuesday: 8am to 5pm

Wednesday: 8am to 5pm

Thursday: 8am to 5pm

Friday: 8am to5pm

Saturday: Closed

Sunday: Closed