If you have just been arrested for a DWI in the Kansas City area, you are likely overwhelmed by a paperwork trail of tickets and notices. In my forty eight years of practice, the most common question I hear is whether you can keep this off your record. The answer is more complicated than a simple yes or no because in Missouri you are actually facing two separate cases at the exact same time. Understanding the difference between these two cases is the key to protecting your future and your right to drive.
The first part is the criminal case which takes place in a courtroom. This is what most people think of when they hear the word DWI and it is where a judge decides if you are guilty and if you will lose your driver’s license. For many first time offenders, we are often able to secure a deal called a Suspended Imposition of Sentence or an SIS. The good news is that if you successfully complete your probation, no conviction goes on your criminal record and you can legally tell an employer that you have not been convicted of a crime. The reality is that while it is off your public record, the police and prosecutors can still see it and they will know about this incident if you ever get pulled over again.
The second part is the case handled by the Missouri Department of Revenue or the DOR which is the office that actually controls your driver’s license. This is the part that surprises people because even if we win in court or get an SIS, the DOR runs on a different set of rules. When you are arrested, a clock starts on your driving privilege and an administrative action will likely appear on your driving record unless we intervene. This matters because even if your criminal record is clean, an insurance company or a background check service will see an alcohol notation or a suspension on your driving history.
There is also a major trap if the officer claims you refused the breathalyzer because you will face a much longer one year revocation of your driver’s license. This is a civil matter that requires immediate legal action through a petition for review to fight to challenge the revocation. Many people walk out of court feeling relieved that they got a clean record through an SIS only to be blindsided months later when their insurance rates spike or they apply for a job that requires driving. My goal is to ensure that my clients are never blindsided by protecting your criminal record while also dealing with the reality of your driving record. Protecting your reputation means knowing exactly what is going to happen before it happens.