About D.U.I. / D.W.I.

What is driving while intoxicated or driving under the influence of drugs or alcohol? In Kansas and Missouri, a charge of driving while intoxicated is a serious offense, particularly if there has been an accident with personal injuries. Both states mandate that a blood alcohol level of 0.08% constitutes driving while intoxicated.

What happens in a DWI/DUI police stop?

If the police believe that there are reasonable grounds to believe that you are operating or attempting to operate a motor vehicle while under the influence of drugs or alcohol, they can detain you and ask you to submit to field sobriety tests.

Do I have the right to an attorney if I'm stopped by the police and asked to take field sobriety tests?

No.

If I fail the tests, what next?

These tests are scored based on your performance of each of these field tests and together with the officer's own observations, may result in your arrest and booking. During this booking phase, you will be asked to submit to a chemical test to determine the level of alcohol in your system.

What if I refuse the chemical test?

There is no absolute answer to this question and the unique facts surrounding your case will dictate whether or not it is appropriate to refuse the chemical (breath, blood or urine) test.

How does this impact my driving privileges?

Typically, the first offense results in a loss of driving privileges for a period of one year, in which the first thirty days permit no driving at all, followed by limited driving for the remainder of the one-year suspension. Subsequent arrest and convictions have more severe driver's license implications. To ensure the state properly respects your rights, you must request an administrative hearing within 10 days in Kansas and within 15 days in Missouri or the suspension is automatic.

Contact our office for specific questions about the driver's license administrative procedures.