A DWI/DUI is a criminal and a civil charge that may affect you for many years. It begins when an individual is stopped upon probable cause that they were operating a vehicle while under the influence of alcohol or illegal substances. It is vital to act quickly to minimize the effects of this charge – both the criminal and civil pieces.
With respect to the civil part, your license to operate a motor vehicle in Missouri will be automatically suspended and you will receive a written notice from the officer of this suspension. You must appeal the suspension of your driver’s license within 15 days of the date of the ticket or you may have waived many of your rights. If you fail to request a hearing, a suspension or revocation of your driver’s license begins on the 15th day following your arrest and is final. If you do request a hearing, you will be scheduled for an administrative hearing or a trial de novo. In the event you are unsuccessful in the civil procedures to defeat the suspension or revocation of your driver’s license, you will need to comply with the reinstatement procedures of the DOR to re-qualify for your driver’s license. This may include completing a SATOP class, obtaining an ignition interlock device on your vehicle, obtaining SR22 insurance, and paying a reinstatement fee. You may also need to re-take the driver’s examination. This civil process impacting your driver’s license continues even if the DWI ticket was reduced to a lesser charge or even dismissed.
The Criminal Action will be pursued by the prosecutor in the jurisdiction where the ticket was issued. The level of your charge will depend on how many prior contacts you have had with the criminal justice system, and how many prior DWI/DUI offenses you have had. Your attorney will obtain information from the prosecutor relating to your case including the police report, alcohol influence report and a video of the stop if on exists. Your attorney will carefully review all of the information and work to minimize any adverse consequences to you. Some of the consequences on the criminal side of the DWI/DUI may be: probation, jail time, substantial fines, loss of employment, inability to travel internationally including to Canada, possible deportation, and significant rise in insurance premiums.
Remember: if you are ever stopped for a DWI/DUI, you HAVE THE RIGHT TO REMAIN SILENT. The right to remain silent is NOT AN INVITATION TO TALK.
To make an appointment, please call us at 816-256-5440.
We are available to help you with your family law or estate planning needs in the following Missouri counties: Platte, Clay, Jackson, Buchanan, Andrew, Clinton, DeKalb, Holt, Nodaway and Ray.
We are available to help you with your family law or estate planning needs in the following Kansas counties: Leavenworth, Wyandotte, and Johnson.
Kiske Law Office, LLC
7211 NW 83rd St.
Kansas City, MO 64152
Kiske Law Office, LLC
1911 Jules St.
St. Joseph, MO 64501
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