DUI/DWI Attorney in Kansas City, Missouri

If you've been charged with a DUI/DWI, it's natural to feel overwhelmed and worried. The fear of the unknown can be daunting, especially when dealing with potential legal consequences. You may be wondering what your options are and how best to proceed. I get it, the situation is stressful.

That's where my firm comes in. At the Guilfoil Law Group, I'm committed to providing robust defense and dependable guidance to individuals facing DUI charges. Situated in Kansas City, Missouri, I have cultivated invaluable relationships with judges, prosecutors, and law enforcement officials to advocate for my clients throughout Clay County, Platte County, Jackson County, or anywhere in Missouri.

DUI Charges in Missouri

In Missouri, the definition of a DUI charge goes beyond just driving while intoxicated. It also extends to being in "actual physical control" of a motor vehicle while under the influence. This broad interpretation means that you could face charges even if you're not actively driving. For instance, being found asleep in a car with the engine running could be considered as being in control of the vehicle. This underscores the importance of understanding the nuances of Missouri DUI laws. 

You might be asking, "Do I have to be driving to get a DUI in Missouri?" The answer is no. As long as you're in a position to regulate or restrain the vehicle's movements, you can be charged with a DUI.  

Maybe you're wondering what to do if your DUI took place in a different state. Learn how I can help when you schedule an initial consultation today.

Sobriety Tests and Your Rights

If you're ever pulled over on suspicion of DUI, it's critical to understand your rights when it comes to sobriety tests. Here in Missouri, the police officer may request that you perform certain tests, such as a breathalyzer test or field sobriety tests. These tests are designed to help determine if you're under the influence of alcohol or drugs. 

Now, here's where it gets interesting - you actually have the right to refuse these tests. That's right, you can say no. However, it's important to know that refusal isn't without its consequences. In Missouri, refusing to take a sobriety test could result in your license being suspended. That's a pretty big deal and something you should seriously consider. 

Possible Penalties 

The penalties for a DUI conviction in Missouri can vary, depending on factors like the number of prior convictions. Here's a breakdown: 

• First offense (Class B Misdemeanor): Up to 6 months in jail, up to $500 fine 

• Second offense (Class A Misdemeanor, "prior offender"): Up to one year in jail, up to a $1,000 fine 

• Third offense (Class D Felony, "persistent offender"): Three offenses in ten years could mean up to five years in jail, up to a $5,000 fine 

• Fourth offense aggravated offender (Class C Felony): Up to seven years in jail, up to a $5,000 fine 

• Fifth offense chronic offender (Class B Felony): Not less than five years nor more than 15 years in prison 

These penalties can vary based on your specific situation. They come with life-altering consequences, so relying on a strong attorney can be extremely beneficial to your case.  

Ignition Interlock Program

If convicted of a DUI, you may be required to participate in the Ignition Interlock Program in Missouri. This involves installing an ignition interlock device in your vehicle that measures your blood alcohol concentration (BAC) before allowing the vehicle to start. The program aims to deter individuals from driving under the influence and can be a condition of regaining your driving privileges. 

Possible Defenses

While the specifics of your situation will determine the best defense strategy, there are several common defenses that can be used in DUI cases: 

• Challenging the legality of the traffic stop. 

• Questioning the accuracy of sobriety tests. 

• Disputing the reliability of breathalyzer results. 

• Contesting the actual physical control of the vehicle. 

• Arguing against the officer's observations and conclusions. 

An experienced DUI attorney like me can help assess your case and determine the most effective defense strategy.