What Happens After a DUI Arrest in Missouri? Your Legal Options
A Missouri DUI arrest is an awakening. It is usually perplexing and daze-like. Knowing what you should expect to happen next following your arrest will keep you at peace and prepared for the next step. Consult a Kansas City dui defense lawyer today. This article will detail the Missouri DUI process and your rights.
What Is a Missouri DUI?
A DUI, or Intoxication Driving, is driving a vehicle while intoxicated with alcohol or drugs. Missouri’s legal blood alcohol content (BAC) is 0.08%. If your BAC is higher than or if you are intoxicated, you can be arrested by the police.
The DUI Arrest Process
Police Stop
The most typical step begins with a traffic stop. Officers will pull you over if they notice signs of driving while intoxicated, like swerving or crawling along.
Field Sobriety Tests
The officer will ask you to perform tests in the field. These may consist of standing on one leg or walking in a straight line.
Breathalyzer or Blood Test
The police will typically attempt to estimate your BAC by a breath test. They will use a blood test in other instances, if you decline the breath test.
Arrest
If you are found to be impaired or the police think that they have enough evidence to make an arrest, then you will be arrested and taken into custody.
Booking
You will be photographed and fingerprinted, as well as your personal details entered in the jail.
Release or Bail
You may be released on the same day or held until a bail is set.
What Happens Once I Am Arrested?
Several things occur after you have been arrested. Every action affects your case and rights.
1. Suspension of License
Missouri Implied Consent Law. You agree to BAC testing when you operate your vehicle. Refusal to test suspends your license automatically.
- 1st refusal: 1-year license suspension
- 2nd refusal: Suspension for a longer term
If your BAC is 0.08% or higher, your license will also be suspended.
2. Court Appearance
You will be issued a court appearance within weeks. This is the start of your case. Failure to appear at this hearing may result in further problems.
3. Arraignment
Your judge reads you the charges at arraignment. You plead guilty, not guilty, or no contest.
Your Legal Options
DUI arrest is serious business. Knowing your legal options will protect you.
1. Hire an Attorney
You require a quality DUI attorney. He or she will explain your rights and options to you, and help you construct your defense.
2. Challenge the Stop
If the police were unable to stop you, your lawyer might be able to challenge the stop. This could lead to the dismissal of the case.
3. Challenge the Tests
Field and Breathalyzer tests are not always accurate or reliable. Your lawyer can challenge these tests as unreliable.
4. Plea Bargain
The prosecutor will sometimes plead to a bargain. This can lower your charges or sentence. Your lawyer will negotiate the optimum bargain.
5. Trial
If you plead not guilty, your case might be tried. A judge or jury will render a verdict based on evidence.
Missouri DUI Fines
Fines depend on your case. Factors include BAC level, previous offenses, and whether or not there was a motor vehicle accident.
First Offense
- 1 year in prison at most
- $1,000 fines at most
- 90-day to 1-year license suspension
- Possible IID installation
Second Offense
- 5-day to 1-year prison time
- $3,000 fines at most
- Extended license suspension
- IID installation for an extended period
Third Offense and Beyond
- Extended prison sentence
- Increased fines
- Extended license suspension or revocation
- Potential felony offense
How to Get Ready for Your Court Date
- Dress professionally and on time
- Have your attorney or lawyer present and waiting
- Be respectful and calm when in court
- Respect for your attorney’s counsel
What Is an Ignition Interlock Device?
An IID is a breath tester that is put on your car. You will need to blow into it before you can drive the car. The car won’t turn over if you’ve been drinking excessively. Missouri requires IIDs for some DUI offenders. The device serves as an anti drink driving deterrent during sentencing.
What to Do after Being Arrested for DUI
- Call a Lawyer
Get Advice Early.
- Attend All Hearings
Failure to show up in court may also bring additional complications.
- Treatment or Classes
Missouri courts may order alcohol education classes.
- Following License Suspension
Do not operate your vehicle when your license is suspended.
- Be Prepared for Potential Penalties
Read the penalties and get ready beforehand.
Missouri DUI Arrest FAQs
1. What should I do immediately following the Missouri DUI arrest?
Call your DUI attorney right away. Don’t tell the police or anyone else too much about your case. Follow the instructions of the court to the letter.
2. How long is a Missouri DUI case?
It varies. Some take a few months, and some take longer. Cases are contingent upon court schedules and how complex they are.
3. Can I refuse to take a breath test in Missouri?
You can refuse, but your license will be suspended. Refusal is a crime in an Implied Consent Law state.
4. Am I ever going to have a DUI on my record forever?
A DUI will appear on your criminal record for the rest of your life. It may impact the job and insurance cost.
5. Can I drive during the suspension of my license after a DUI?
No. Suspended license driving is another offense and punishment.
Last Thoughts
Missouri DUI arrest is severe but less distressing if you know what is happening. Your best option is to act quickly, hire an attorney, and get informed about your rights. Avoid missing court appearances or suspension of license. With guidance, you can salvage your future. For additional information or law advice, consult with an experienced Kansas City criminal defense lawyer today.