Will I Lose My Driver’s License for a DWI?
Kansas City, MO Driver’s License Ramifications
How is Your Driver’s License Impacted by a Kansas City DWI?
DWI cases are usually very complex, and that complexity is often a big part of defending a case. If you are arrested for DWI in Kansas City, there is no doubt you will face criminal charges of some kind. While you want to fight those charges, you also need to realize that there is the real possibility you could lose driving privileges. Depending on the jurisdiction and the area where you were charged, your case can be taken up by either a county or a municipal prosecutor. If a municipal court handles your case’s prosecution, you technically won’t be charged with a crime. The municipal court refers to DWI as a “municipal ordinance violation,” but the name is just as serious. A municipal court DWI still charge has almost the same consequences as DWI on a state criminal level. You can still face fines, be given probation, or in certain situations, face jail time.
Call Hollingshead and Dudley, experienced Kansas City DWI lawyers, to schedule a free consultation for your DWI case.
A statute for DWI enhancement allows DWI in Kansas City to accumulate through your lifetime. In some situations, you might be able to “expunge” a first offense DWI off your record, there has to be a considerable amount of time passing first. If you are charged with another DWI in the meantime, you could face repeat offender charges. Repeat offender charges almost always require jail time.
During the wait involved with a pending DWI case, the Missouri Department of Revenue (“DOR”) must be contacted in an effort to
keep the DWI from being included on your Missouri driving record. If it is put on your driving record, you could face losing your license for up to a year. Missouri’s DOR is the same as the DMV in most states. If you are charged with your first offense Missouri DWI and “blew” over .08 on a breathalyzer, your license will be suspended for 90 days. For other DWI offenses, there is the risk of license revocation for as long as a year. If you “refuse to blow” on your first offense you might face a one-year license revocation.
Despite the majority of lawyers claiming DOR license cases are unwinnable, the real truth is that there are chances for success when an experienced DWI lawyer gets involved. At Hollingshead and Dudley, our lawyers have successfully helped countless people – hundreds and hundreds – keep driving privileges and avoid revocation, even in DWI cases where the charged individual “blew” as much as four times beyond the legal driving limit on the breathalyzer. To beat the DOR when fighting to keep a drivers’ license, it requires extensive knowledge and skill along with experience and hard work. These cases are challenging but can be won despite being time-consuming. The attorneys at Hollingshead and Dudley have a dedication to our clients and coming up with a strong, winning defense. We have a track record of successful efficiency in some DWI licensing cases in Kansas City.
It is detrimental for you to be aware of the time limitations generally involved with a DWI licensing charge and case. If you were required to blow, you do have 15 days (and there is no exception) from time and date of notice receipt (which is most often at arrest time) to file a dispute. If you don’t adhere to this specified deadline for any reason, you are revoking your challenging rights, and you will see that there is an “administrative alcohol suspension” put on your driving record. You shouldn’t try to challenge this by yourself. You must make certain all DOR paperwork is properly completed. When you hire Hollingshead and Dudley, we will thoroughly complete all paperwork and then send it in.
If you refuse to do a breathalyzer test, your time frame is increased to 30 days after being given notice (most often at the time of your arrest) to challenge this allegation in court. While you do have a 30-day time limit, you will suffer the loss of your license on the 16th day until your attorney or you file appropriate documentation with the court. This is not something you should try to do on your own. If you chose to not do the breathalyzer test, the documentation required to challenge the charges is much more complicated than if you had taken the test. Your lawyer will have to file a “Petition for Review” with the court. This particular petition serves in the capacity of a lawsuit challenging the DOR, in demand of a hearing in the court system to rule on your case. This complex document must make specific claims, and can sometimes be challenging for experienced DWI lawyers to complete.
Often when you hire a DWI attorney your attorney can protect your driving rights without any restrictions being ordered, until your case is completely resolved especially if it is a first offense DWI. Your license will be returned by the DOR if your lawyer wins your case. If your lawyer isn’t successful with your case, a revocation or suspension notice will be received within a couple of weeks following your DOR or court notice. Your lawyer should help you obtain a limited driving privilege so you can get a permit allowing you to drive for emergency situations or important reasons. Because of the strictness of these deadlines, don’t put off a consultation with the skilled DWI attorneys at Hollingshead and Dudley.
How is Your Commercial Driver’s License (CDL) Affected by a Kansas City DWI?
If you have a commercial driver’s license (CDL), such as Class A, B, or C, you are in danger of losing your license and your job if charged with DWI regardless of what kind of vehicle you are driving when you are arrested. To prevent losing your CDL for a year, your lawyer must win your licensing case and make certain your municipal or criminal DWI charge is reduced to an offense that doesn’t involve DWI. An example is having your record say “careless and imprudent driving” rather than DWI. At Hollingshead and Dudley, we have helped many drivers keep their CDLs and their driving jobs. Protect your career and hire experienced legal representation.
If you are facing Missouri DWI charges, hire skilled Hollingshead and Dudley’s experienced Kansas DWI attorneys. Call now to schedule your free consultation.