40 Years of Experience in First-Time and Repeat Offender DUI / DWI Defense
In 2010, Missouri passed the most comprehensive revisions to the DUI / DWI laws, making consequences of a conviction harsher. Such consequences of a first-time DUI or any subsequent offense can now greatly affect your driving privileges and your future. I believe that as your defense attorney, I can help you mitigate, or minimize, how this charge will affect you.
I truly believe that in every bad decision there is a chance to make a better one in the future. I will help change how the prosecution and judge will look at your case and any DUI / DWI charges, so that you are able to get on with your life. Mitigation, not litigation, will help you move on faster. Contact my law firm, David M. Lurie, Criminal Defense Attorney and Counselor at Law, today to learn more about how I can help you.
Consequences of a DUI / DWI
Driving while intoxicated or driving while under the influence of alcohol or narcotics (DWI or DUI) are serious offenses that carry heavy penalties for repeat offenders. If you are charged as a prior, persistent, chronic or aggravated offender (2 nd, 3 rd, 4 th, 5 th offense or more), you need an experienced DWI/DUI criminal defense lawyer. The terms above are the ones used in the Missouri statutes. The Kansas statutes refer to them as first conviction, second conviction, third conviction, and fourth or subsequent convictions.
Even if this is your first DWI/DUI charge, and you are not a repeat offender, you still need an experienced DUI lawyer — one who deals with prior, persistent, chronic or aggravated offenders on a regular basis. Many attorneys can handle a first-time DWI/DUI offense, but there are fewer attorneys who are experienced in cases where people are facing charges for second or greater offenses. Many times, I have found that if even your first DUI isn’t handled by an attorney who deals with prior, persistent, chronic or aggravated offenders (2 nd, 3 rd, 4 th, or 5 th or more offenses) on a regular basis, it can really limit the number of options when you get another DUI charge down the road. Because of the successful lobbying of Mothers Against Drunk Drivers and other groups, penalties are much steeper than they used to be. Even first-timers are going to jail these days.
If you have previous arrests, and are being charged as a prior, persistent, chronic or aggravated offender (2 nd, 3 rd, 4 th, 5 th offense or more), you face much stiffer penalties. Your previous record will be a factor, regardless of whether you had a prior offense “taken care of.” Even if the prior offense doesn’t appear on your official driving record, it will most likely appear in records available to law enforcement and the prosecution — leaving potential exposure to felony prosecution under the prior, persistent, chronic and aggravated offender statutes in Missouri. If you are a prior offender, it is necessary for you to get an experienced Lee’s Summit and Kansas City DUI defense attorney, like me.
How I Can Help You
Because of my experience and full understanding of the underlying issues that may cause a person to become DUI / DWI prior, persistent, chronic or aggravated offender (depression, alcoholism, drug addiction, etc.), through the years I have developed an individualized plan for each of my clients, and use my team of experts to help mitigate the mandatory minimum jail times that can range from five days to two years — depending on how many subsequent DUI offenses you have had.
I have been very successful in keeping subsequent offenders out of jail in DUI / DWI cases and DUI / DWI-related charges, including:
- Underage/minor DUI / DWI
- Driving with a suspended license
- Careless and imprudent driving
- Furnishing alcohol to a minor
- Open container/bottle
- Drug-related DUI / DWI
- Motor vehicle forfeiture
Working to Help You Keep Your Driver’s License
There is also a second consequence that arises out of a DUI / DWI stop — it is the administrative suspension of your driving privileges. License suspension or revocation (because of a blood alcohol content level in excess of .08 or a refusal to take the test) can last from 30 days to one year — sometimes it is 10 years, or even permanent. The rules covering loss of license are complicated. If you have questions, please contact me or at least speak with another qualified attorney who handles DUI / DWI prior or persistent repeat offender cases.
If you refuse a breath test, the officer will immediately take your license, and your license will be suspended for at least one year. This can be appealed, but in Kansas, you only have twelve (12) days to file an appeal based on a refusal. In Missouri, you have thirty (30) days.