DWI Attorney

Who doesn’t love the weekend? After a hard week’s work, it’s great to unwind. Whether you’re cracking open a cold one with some pizza or going out for a night on the town with your friends, it’s a great way to relax and have fun. The only problem is when you’ve had a few but want to go somewhere else. It’s pretty tempting to save a few bucks by not calling a taxi, but you’re risking more than a few dollars if you’re driving while intoxicated (DWI) or driving under the influence (DUI).

What is DUI / DWI?

Although some states differentiate between DUI and DWI, Missouri rolls both charges into DWI. Missouri defines the crime of driving while intoxicated as “operates a motor vehicle while in an intoxicated or drugged condition”. Anyone 21 years old or older with a blood alcohol content (BAC) of 0.08% or more can be charged with DWI. Commercial drivers with a BAC at or higher than 0.04%, will not only be charged with a DWI but will also see repercussions with their commercial driver’s license (CDL). People under the age of 21 with BACs of 0.02% are subject to DWI penalties. Having a BAC of 0.15% or higher can result in even more serious charges.

Breathalyzer Tests: Should You Blow?

If you should or should not “blow” when pulled over for a DWI is a complicated subject. To help you decide what to do and understand the repercussions of your choice, we have an article covering this issue in detail.

Missouri DWI Statutes

Driving While Intoxicated – Class B Misdemeanor

By default, DWI is a Class B misdemeanor.

Driving While Intoxicated – Class A Misdemeanor

A person under the age of 17 was present in the defendant’s vehicle or the defendant is a prior offender.

Driving While Intoxicated – Class E Felony

The defendant is a persistent offender, someone who has been found guilty of two or more intoxication related traffic offenses or someone who has previously injured or killed someone with a vehicle while intoxicated.

Individuals, other than the defendant, are physically injured through criminal negligence while the defendant is driving under the influence of alcohol or drugs.

Driving While Intoxicated – Class D Felony

The defendant is an aggravated offender, meaning that they have committed three or more intoxication related traffic crimes two or more intoxication related traffic crimes where at least one resulted in someone being injured or killed.

Law enforcement officers or emergency personnel are physically injured through criminal negligence while the defendant was driving under the influence of alcohol or drugs.

Through criminal negligence, the defendant causes serious physical injury while driving under the influence of alcohol or drugs.

Driving While Intoxicated – Class C Felony

The defendant is a chronic offender; they have been found guilty of four or more intoxication related traffic crimes, three or more intoxication related traffic crimes where at least one resulted in someone being injured or killed, or two or more intoxicated related traffic crimes that both resulted in another’s injury or death.

Serious physical injury is inflicted on law enforcement officers or emergency personnel through criminal negligence while the defendant is driving under the influence of alcohol or drugs.

Criminal negligence causes the death of another person while driving intoxicated.

Driving While Intoxicated – Class B Felony

The accused is a habitual offender, meaning that they have committed five or more intoxication related traffic offenses, four or more intoxication related traffic offenses with at least one resulting in injury or death, three or more intoxication related traffic offenses with at least two resulting in injury or death, an intoxication related traffic offense that resulted in a death while the defendant had a BAC of 0.18% or more, an intoxication related traffic offense that resulted in the death of an Individual who was not a passenger, or an intoxication related traffic offense that resulted in the death of at least two people.

The defendant causes the death of law enforcement officers or emergency personnel through criminal negligence while driving under the influence of alcohol or drugs.

Driving While Under the Influence – Class A Felony

The accused is a habitual offender.

The accused injured or killed another individual while driving intoxicated.

Consumption of Alcoholic Beverages While Driving – Infraction

Consuming alcoholic beverages while driving or operating a motor vehicle on public roads.

Operating Aircraft, ATVs, and Boats while Intoxicated

You don’t have to be driving a car to be charged with operating a vehicle under the influence. Operating aircraft, ATVs, and boats while under the influence of alcohol or drugs can also be illegal. Charges range between Class C misdemeanors and Class A felonies.

Apply for Restricted Driving Privileges

Even if you have lost your driving privileges due to a DWI charge, it may still be possible for you to drive back and forth to work. This is one form of restricted driving privileges. Additionally, it may be possible for you to continue to drive normally if you agree to have an ignition interlock device installed in your vehicle. An ignition interlock device is a device that will prevent you from operating your vehicle if you have alcohol in your system.

Call Day or Night for a Missouri DWI Attorney

The Chris Benjamin Law Firm offers free consultations to individuals accused of a DUI or DWI. Call 816-425-2420 / 913-340-9544 or navigate to our contact page to find out how we can help you with your Missouri DUI / DWI charge. Rather than risking your future, contact the Chris Benjamin Law Firm to fight in your corner.

Some materials sourced from Missouri Revised Statutes Chapter 577.