Our experienced lawyers have spent considerable time in each of these courts (state and federal court), and we tailor our approach and legal representation accordingly. Moreover, our attorneys are also well-known in the Missouri DWI defense institute.
More Information About DWI Charges In Kansas City
There are many factors to consider in a DWI case, and clients often ask similar questions when they come to us. They include:
Protecting Your Rights During A DWI Stop? There’s An App For That.
Our law firm offers a free smartphone app to help you protect your rights during a traffic stop with the police. By downloading the “I Got Stopped!” app, you can:
- Audio record the traffic stop on your device
- Contact a criminal defense attorney
- Send a message to your pre-selected emergency contact
- Read quick tips about what to do during the stop
- Remind yourself of your rights
- Estimate your blood-alcohol concentration
Then I Got Stopped! The app is available for both Android and Apple devices.
Common Defenses for DWI Charges in Kansas City, Missouri
Being charged with a DWI can feel overwhelming, but there are several legal defenses that experienced Kansas City DWI lawyers may use to protect your rights. Every case is different, and the right defense strategy depends on the facts, evidence, and location of your arrest—whether in Jackson County, Clay County, Platte County, Johnson County, or other nearby areas such as Blue Springs. A skilled DUI defense lawyer can help evaluate your options and determine the best path forward.
Challenging Evidence and Protecting Your Rights
One of the most effective defenses used by Kansas City DWI lawyers is challenging the legality of the traffic stop. If your stop or arrest was not based on probable cause, your DUI attorney can file a motion to suppress evidence, which may lead to your criminal charges being reduced or dismissed. Another strategy involves questioning the accuracy of field sobriety or breath tests—these tests are often flawed or administered improperly, and your attorney can call expert witnesses to prove that the results should not be trusted.
In some cases, your DUI/DWI lawyer in Kansas City may negotiate a plea agreement or diversion agreement that helps you avoid serious consequences such as jail time or a long-term conviction. At our Law Offices, we use our legal experience to guide clients through the entire process, ensuring that every decision is made in your best interest and never based solely on law enforcement claims.
If you are facing criminal charges for being allegedly intoxicated behind the wheel in Kansas City, MO, it’s essential to contact an attorney immediately. The Missouri legal system can be complex, and going to trial without experienced counsel could jeopardize your future. Our Kansas City DWI lawyers will fight tirelessly to protect your rights and help you achieve the most favorable outcome possible in your legal matters.
Why Experienced DUI Defense Matters
Every 10 minutes, there is approximately one arrest for DUI in Missouri. However, no two DUI cases are the same. All aspects of a DUI case have various elements of evidence and criminal defense that are required for a successful case. This is why hiring a Kansas City DUI lawyer who has worked on a wide range of DWI Attorneys in KC Mo and criminal defense cases is vital to securing your rights, your freedom, and your future.
If you’ve been arrested for a DUI, it can be a stressful, scary experience. Being charged with one of these offenses means paying hefty fines and possibly spending some time in jail. When you find the right lawyer, you can rest assured that you have a dedicated advocate on your side every step of the way.
But again, not all law firms or law offices have a legal professional to help you against the penalties in the Kansas City metro area. To help you in your case, you need an experienced lawyer who has practiced law in federal & state court related to drug offenses, drug possession cases, traffic tickets, criminal cases, including several other criminal matters.
What Happens Before a DWI Arrest?
There are typically several steps involved when a police officer suspects someone of driving under the influence. One of these steps includes administering standard field sobriety tests. During these tests, the officer looks for specific signs of impairment. If enough indicators are present, an arrest usually follows.
If you’ve been arrested for a DWI, the most important thing is to remain calm. The roadside is not the place to contest the charges—your best opportunity to fight a DUI case is in the courtroom, with strong legal representation.
That’s why it’s critical to start working with an experienced team of Kansas City DUI and DWI lawyers as soon as possible. A knowledgeable attorney can begin building a strategic and personalized defense on your behalf.
Every DUI case is different. Your legal strategy should reflect the specific facts and circumstances surrounding your arrest. At The Benjamin Law Firm, LLC, our experienced attorneys will develop a defense tailored to your case—aiming to minimize penalties and, when possible, seek to have charges reduced or dismissed.
Read on to learn how a Kansas City DWI lawyer at The Benjamin Law Firm, LLC can help you take the next steps toward protecting your future.
How Can a DWI Lawyer in Kansas City Help
Missouri DUI/DWI laws forbid individuals from operating a vehicle while in an intoxicated condition. It means individuals shouldn’t be behind the wheel under the influence of alcohol, drugs, or controlled substances. In addition, their blood alcohol concentration (BAC) shouldn’t be 0.08% or more, or 0.04% or more in case they are commercial drivers. An individual who drives while intoxicated puts others in danger as well as themselves, so the consequences are serious. A person who is charged with a DWI/DUI offense will often face a variety of repercussions, which include significant fines, jail time, license suspension for DWI, or a mix of these.
To be convicted of drunk driving, the vehicle doesn’t necessarily have to be in motion; it is only required that the driver is in a position to regulate the vehicle’s movements. A person can be charged with a DUI in a parked car. Although Missouri uses the term driving while intoxicated (DWI), many people still refer to this offense as driving under the influence (DUI).
In addition to the criminal consequences of a Kansas City MO DWI offense, the State of Missouri also imposes driver’s license sanctions, including a suspended driver’s license for a certain period. In case you have a commercial driver’s license or CDL, a DWI/DUI offense can impact your CDL license more heavily than most other drivers, so help from a skilled DWI lawyer in Kansas City can be most welcome.
If a CDL holder is facing a DWI conviction, their CDL may be disqualified for an entire year, even for the first offense, while a non-CDL holder may have their license suspended for 30 days. Having a DWI lawyer in the Kansas City area, you can rely upon can help you save your driving privileges as well as your job and livelihood.
Fighting with those strict charges on your own all alone is very difficult. You need to have experience and information in such cases to protect your rights.
Working with an expert DWI defense attorney in Kansas City, Missouri, will considerably increase the chances that you get a minimum charge for a DUI offense. A skilled traffic lawyer with extensive DWI defense experience will understand how to construct the best DUI defense for each client’s unique situation.
The Kansas City DWI defense lawyers at the Benjamin Law Firm, LLC have an extensive understanding of the legal standards and guidelines regarding DUI and DWI. We will use this knowledge to develop a criminal defense plan to represent you in court and fight for the best possible outcome.
Missouri DWI Law Charges
In Kansas City, MO, drunk driving offenses involve driving with BAC (blood alcohol content) above the legal limit, driving under the impact of drugs, including some prescription drugs, or while intoxicated. Legislators in Missouri invested a significant quantity of time revamping the state’s criminal code to adjust the state’s sentencing laws.
These laws altered the category structure for some felonies and misdemeanors, which might see more severe charges for DUI offenders. The bill came into effect in January 2017.
There are two different areas of the Missouri DWI law that govern the arrest. A DUI consists of two cases: initially, your criminal charges of DWI, followed by the civil side of the case with the Missouri Department of Revenue concerning what repercussions you are dealing with regarding your driver’s license. Whether you will face a license suspension or not will be decided at the driver’s license hearing.
Is DWI a Misdemeanor or a Felony?
The administrative/civil law enters into play if you refuse the BAC tests or if your BAC was above the legal limit. In both cases, without the aid of a Kansas City MO DUI lawyer, you will likely face automatic license suspension or revocation when your 15-day temporary driving permit ends. In addition, Missouri Implied Consent Law allows the prosecuting attorney to tell the jury or the judge you refused to submit to a test. Skilled DUI and criminal defense lawyers will know the best ways to reduce the impact that event may cause.
If this is your very first DUI offense in Missouri and Kansas City, no one was hurt as a result of the event, and you were not under the age of 17 at the time of arrest, it is most likely that the offense will be classified as a Class B misdemeanor.
Minor Kansas City DUI offenses are classified as Class A misdemeanors. Both Class A and Class B misdemeanors are less troublesome than felonies, with the chance for these to be expunged from your criminal record after a certain period.
However, repeat offenders may face felony DUI charges. For example, those convicted of a third DWI offense are considered “persistent offenders.” That means they could face felony charges. As the convictions pile up, the charges and the penalties are becoming harsher.
Bear in mind that you can face a felony DUI charge even with no prior convictions. That may occur if a driver under the influence causes an accident involving criminal negligence and another person suffers injuries, even if they are not severe.
Expungement DUI Lawyers in Kansas City MO
A Kansas City DUI is a serious offense, and even once someone pays their fines, completes community service, or serves their jail sentence, the consequences of a DUI conviction won’t necessarily end. Fighting for your rights goes far beyond simply representing you in court to reduce your charges. If you’ve already been charged with a Kansas City DUI/DWI, it is possible that you could have the charges expunged from your criminal record. At The Missouri DUI & Criminal Law Center, expungements are part of our core practice areas, and we’re here to help.
Can a DWI Be Expunged in Missouri?
Under Missouri law, a person can only have one expungement in his or her lifetime. Additionally, DUI expungements are only available to first-time DUI offenders who’ve been convicted of a misdemeanor DUI. So, if you’ve been convicted of a felony in Missouri (likely a repeat offense or a DWI in which someone was seriously harmed), you will not be able to have your charge expunged. Those with a commercial driver’s license in Kansas City, Missouri are also not able to have DUI convictions expunged from their record.
Laws related to sealing or expunging records can be complicated, and numerous factors can influence the expungement process. If you want to have your record expunged, it’s a good idea to speak to an experienced Kansas City DUI criminal defense lawyer.
Finding a Kansas City, Missouri DUI Attorney
If you are arrested in Kansas City, MO, hiring a local DUI lawyer should be your top priority. A Missouri DWI arrest is often the start of a long journey, as it can take months for charges to be laid. The DWI statute of limitations for the filing of a DWI charge is one year under Missouri law, particularly section 556.036, with felony offenses having a three-year time limit. For that reason, you should immediately begin developing your DWI defense with the aid of a team of Kansas City MO DWI lawyers near you who are well-versed in the Missouri DUI/DWI laws.
Our Kansas City MO DWI Lawyers Can Take Care of Your Legal Issues
If you or a loved one has recently been charged with a DWI in Missouri, the lawyers at the Benjamin Law Firm, LLC is here to help. From examining the results of your blood tests and field sobriety tests to fighting for an expungement in Kansas City and Missouri, you can rely on our firm to provide you with professional and aggressive legal representation during your DUI process.
Contact us today to find out how having a competent, compassionate, and determined DWI defense team on your side can help you fight your felony charges and retain your freedom.
“This firm is very patient, courteous and professional.”“I am very satisfied with services rendered and would recommend to anyone with moving violations.”- Christopher W.
