MISSOURI DWI LAW

If you find yourself facing DWI charges, you’ll probably need legal assistance from a DWI lawyer in Springfield, MO. 

Drunk driving (a.k.a. Driving While Intoxicated) has been a problem for decades and current data suggests it won’t be going anywhere anytime soon. In 2021, traffic fatalities caused by alcohol-impaired driving increased by over 14%, averaging out to one death every 39 minutes. In the state of Missouri alone there were over 14,000 Driving Under the Influence (DUI) arrests in 2019, with over 200 drunk driving fatalities. In fact, as of November 30, 2023, Missouri is recognized as one of the top 10 worst states for drunk driving.

Even if everyone survives this kind of accident, the fallout from the incident is far from over. Arrests, court appearances, fines, revoked licenses, possible jail time, etc. The list goes on. That is why choosing the right DWI lawyer in Springfield, MO is key to protecting your future.

Jump to Missouri DWI Law Violations Guide

Why Do I Need a DWI Attorney?

You can, of course, choose to handle everything on your own, but there are several advantages to having an experienced DWI attorney by your side. Not only can they help minimize the potential penalties you face, but the best DWI lawyers can also help put your mind at ease by walking you through what to expect and how to proceed. 

Addressing Potential Punishments

Depending on the details of a case, DWI charges can range from lower misdemeanors to felonies. The list of possible punishments accompanying those charges is a long one and includes:

• • a suspended license
  • time in jail
  • hefty fines
  • required use of an ignition interlocking device (IID)
  • mandated treatment or education classes

Worse still are all the indirect costs that arise due to such punishments (e.g., towing and impound fees, posting bail, missing work, higher insurance premiums, increased reliance on rideshares or taxis, etc.) And this doesn’t even begin to address the logistical issues that can occur due to having a criminal record.

Bottom line: DWI charges and convictions are very costly; both in time and money. Having a DWI lawyer handle your case can help reduce these costs by seeking reduced sentencing and avoiding some punishments (e.g., a suspended driver’s license) altogether. 

Reducing Stress

It doesn’t matter how many reality police shows you watch, facing a DWI conviction can be stressful. Not only do you have to recognize all the possible punishments and financial costs of your situation, there can also be emotional components (e.g., stress, anxiety, depression, etc.) from the uncertainty of how your case will progress. 

For example, not knowing what to expect in court, how to respond to prosecuting attorneys, or who to turn to for advice can weigh heavily on your mental well-being. Moreover, the complexity of Missouri’s laws, court system, and legal terminology can be intimidating, to say the least. Altogether, these factors can leave you second-guessing your every decision to avoid making a mistake. 

Having an experienced DWI lawyer in Springfield, MO walk you through all the ins and outs of your case is like having a guide show you how to navigate wild terrain. They can show you what to do, simple mistakes to avoid, and how to prepare for the next step of your case. If you have to appear in court, they’ll be right there with you to handle things and provide the best possible defense. 

It’s impossible to quantify the value of peace of mind, but you can imagine how relieving it could be to have an expert explain something to you instead of starting from scratch by yourself. The confidence of having a qualified professional give you advice so that you know you’re making the best decision available. 

What Makes a Great DWI Lawyer?

If you do choose to contact a DWI lawyer in Springfield, MO about your case, picking the right one doesn’t have to be as intimidating as you might expect. There are a few characteristics you can focus on to help expedite your search.

Experience

Perhaps the most obvious quality to look for is a DWI lawyer who has been practicing law for several years. Someone who has courtroom experience and knows the typical steps involved in DWI cases, such as negotiating depositions, resolving discovery issues, and handling pre-trial hearings. Someone who has proven they know what they’re doing and how to successfully defend your case. 

Beyond general experience with DWI law, you should also look for someone who has experience with the legal system in your area. Someone familiar with local prosecutors, judges, and law enforcement is going to have a better understanding of any policies and practices unique to that region.

Specialization

Due to the staggering complexity of state laws and the frequency with which they changed, it’s almost impossible for an attorney to have a generalized practice anymore. To have the best chance at winning a DWI case, you’re better off going with a lawyer who specializes in DWI law. Attorneys who dabble in multiple subjects can miss legal nuances that result in oversights in your defense. 

Ideally, a DWI lawyer will have a comprehensive understanding of the subject matter by having experience both prosecuting and defending DWI cases. Beyond that, the best ones continue to educate themselves for the length of their careers. They’ll attend seminars, participate in national organizations, stay current on relevant advancements in science or technology, and keep informed on trends in their jurisdictions. 

Professionalism

Finally, one of the most important characteristics to look for in a DWI lawyer is whether they have any record of disciplinary action with the state bar association. You essentially want to make sure they don’t have a history of unethical behavior. Not only could such a history jeopardize an attorney’s ability to practice law in the first place, it could also interfere with your defense and even make it difficult to trust any advice they give you.

How Do I Find a DWI Lawyer Near Me?

Now that you know how to recognize the best DWI attorneys it’s time to put that knowledge to good use. Thankfully, it isn’t very hard to find a local DWI lawyer, even if you live in a smaller city. There are several resources you can use to build a list of possible options.

• • The State Bar Association – Each state bar association will have a directory of all the licensed attorneys in your area. The Official Missouri Directory of Lawyers allows you to search by city, county, and even zip code. The results will tell you each lawyer’s bar number, when they were admitted, and if they’re currently in good standing, on probation, or inactive.
  • Review Websites – Similar to restaurants and stores, lawyers have review sites as well. They can post their specializations, resumes, awards, and career experiences, and their clients can provide reviews of their experience, service, and results. Some sites, like Avvo and Martindale, also have peer endorsements showing you how a lawyer is viewed within the legal community.
  • Internet Search – To cast as wide a net as possible, a general internet search for “DWI lawyers near me” will also provide you with several possible attorneys. You may have already seen advertisements or commercials for a local firm, or perhaps someone you know recommended going to a certain firm’s website. Regardless, most attorneys have a website and want you to be able to find it. 

Picking the Right DWI Lawyer in Springfield, MO

The following suggestions aren’t set in stone, nor are they the only steps you can take when looking for a DWI attorney. But, they can be helpful when trying to decide which lawyer to go with. 

• • Decide whether to hire an attorney or not. This may sound obvious, but it shouldn’t be taken for granted. DWI charges are very serious and if you’re committed to hiring an attorney instead of representing yourself or asking for a public defender, you need to act quickly. The longer you wait, the less time your lawyer will have to explore your case and build your defense.
  • Make a list of the best DWI lawyers in your area. The internet is full of helpful tools and sites for researching the different legal professionals in your area. Administrative agencies, like your state’s bar association, and national organizations, such as The National College of DUI Defense, are also useful for starting your search.
  • Review each attorney’s qualifications and characteristics. Just like with any other internet search, after you’ve accumulated your initial list, it’s time to start narrowing things down. Again, focus on licensed lawyers who specialize in your state’s DWI laws, routinely handle cases in your area, and don’t have a history of ethical violations.
  • Meet with your finalists. After you’ve narrowed your list to a few names, look to see if their firm offers free consultations. Similar to a job interview, it can be immensely helpful to meet a prospective attorney in person, show them all the evidence and documents involved in your case, and ask them some questions to further explore their qualifications:
    • Do you focus exclusively on DWI cases? If so, how long have you specialized in them? How many have you handled in the last two years?
    • How many of the DWI cases that you’ve handled have gone to trial? How much success have you had defending those cases?
    • Will you be handling my case personally, or will you delegate anything to others in your firm? If this goes to trial, will you be in court with me?
    • Based on the facts of my case, do you see any issues with the charges I’m facing? How would you investigate them further? What information or evidence would you request from law enforcement?
    • What’s the best-case scenario for me in this situation? How likely is it and what strategy would you use to reach it? 
    • What are the typical fees you charge for cases like mine and how do you calculate them? How much do they usually total and do you offer a payment plan?
  • Review all of your research. Go through everything you’ve compiled on each attorney and carefully consider what you’ve learned. Remember to pay special attention to the fees each consultation discussed and how they’re calculated. Get as many details as possible, including any additional fees like expert testimony. Even if unexpected expenses arise, most lawyers specializing in DWI cases should be able to give a close estimate of the final sum.
  • Make the call. Ultimately, your final decision should be based on whichever option feels the most comfortable for you. Based on everything you’ve found, which lawyer felt the most trustworthy, capable, and confident? Which one had the best strategy or insight into your charges? Which one was the best listener and communicator? Which one provides the most financial flexibility? 

Missouri DWI Law

FELONY DWI IN MISSOURI

The primary definition of a DWI is when a person operates a vehicle in an intoxicated condition. While most DWI charges are misdemeanors, there are cases in Missouri when DWIs can result in felony charges.

DWI FELONY STATUTE

According to MO Rev Statute, Title XXXVIII. Chapter 577.010, a person guilty of a DWI felony can be grouped into one of five categories including:

A class E felony if:

(1) The defendant is a persistent offender; or

(2) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;

A class D felony if:

(1) The defendant is an aggravated offender;

(2) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or

(3) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;

A class C felony if:

(1) The defendant is a chronic offender;

(2) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or

(c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person;

A class B felony if:

(a) The defendant is a habitual offender;

(b) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;

(c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant’s vehicle leaving a highway, as defined in section 301.010, or the highway’s right-of-way;

(d) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of two or more persons; or

(e) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person’s blood;

A class A felony if:

(a) the defendant has previously been found guilty of an offense under paragraphs (a) to (e) of subdivision (6) of this subsection and is found guilty of a subsequent violation of such paragraphs.

PENALTY OF CONVICTION

After three or more DWI’s in your lifetime, you will be eligible for a felony offense. A convicted driver must serve at least 30 days in jail or perform 60 hours of community service. Fines may be up to $10,000 as well as court fees and alcoholism treatment costs. The State of Missouri can also revoke a driver’s license on the third offense for at least 10 years. A DWI Lawyer in Springfield, MO can help with the details of your case.

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MISDEMEANOR DWI IN MISSOURI

Missouri law, like every state, prohibits the operation of a vehicle while in an intoxicated condition (blood alcohol concentration of .08% or higher). This includes actual physical control of the vehicle, so the vehicle does not have to be in motion. If a driver is in a position to control the movement of the vehicle while intoxicated they can be charged with a DWI.

DWI’s in Missouri come with different penalties and charges based on the BAC level of the driver, as well as the driver’s history. Generally, a first-time DWI offense is a Class B misdemeanor, with a BAC of .15-2% the minimum jail time is 48 hours, and a BAC of more than .2% the minimum jail time is 5 days.

DWI STATUTE

Title XXXVIII Chapter 577.010.

Driving while intoxicated

1. A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

2.  The offense of driving while intoxicated is:

(1)  A class B misdemeanor;

(2)  A class A misdemeanor if:

(a)  The defendant is a prior offender; or

(b)  A person less than seventeen years of age is present in the vehicle;

PENALTY OF CONVICTION

Generally, a first-time DWI offense is a Class B misdemeanor, with a BAC of .15-2% the minimum jail time is 48 hours, and a BAC of more than .2% the minimum is 5 days. A person convicted of a first-offense DWI faces fines of up to $1,000. In addition to fines, the driver may be required to pay various fees and court costs.

A second-offense DWI carries a maximum jail sentence of one year with a minimum of 10 days in jail or 30 days of community service. They will also face fines of up to $2,000 along with any subsequent fees and court costs.

In addition to criminal charges, in Missouri, a second-time offender will have their driver’s license revoked for one year as well as a mandatory ignition interlock device and a state-approved substance abuse traffic offender program following license reinstatement.

Contact Us Today

If you have been charged with a DWI, get legal help immediately. The attorneys of MRD Lawyers have been DWI lawyers in Springfield, MO for over 10 years, and they have the experience to ensure you get the representation you deserve to ensure the best possible outcome to your situation. Call us today for a consultation and to learn how we can help you.

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