Ask Me Help Desk - What can I expect on a first time DWI

What can I expect on a first time DWI

I was just recently arrested for drunk driving. This is my first,(and last), time being charged with this offense. I was leaving a local "party area" in KCMO and ran into a sobriety check point. Of courseI didn't pass. I took all the tests, or at least the main ones, and I can't remember exactly but I think I blew a .132. How bad is that? Am I looking at actually doing time for this? The other thing is that Im in a diversion program for the state for a drug charge I got when I was 17.Its something like probation but free. Will the city court take that into consideration? I do plan on getting a lawyer but would like to hear some input from people who have been through my situation or defend people in this situation.

A lot will depend on where you live and their DUI laws. A suspended license is almost universal. Possibly a alcohol program and maybe some community service.

Jail is unlikely.

Hello s:

In MY state, 24 hours in jail is mandatory upon conviction..

If your drug offense was adjudicated in juvenile court, then your DUI probably won't be considered a second offense. But, if you're still ON diversion, I'd be worrying how the DUI will effect that.

If it were me, I'd hire a lawyer. He might be able to get the search thrown out. It IS illegal to be searched WITHOUT probable cause, and that's exactly what these checkpoints do.

excon

If I read and understand right, that's Kansas City MO, right? This is what I found:

First Missouri DUI/DWI Offense:

Missouri Criminal Status: Class B misdemeanor.

Jail: Up to 6 months.

Missouri DUI/DWI Fines/Costs: Not more than $500

Missouri License Suspension: 30 days.

Violation of Zero Tolerance Law: 90 day license suspension, attend DUI school and pay fines.

Missouri Conditional License: After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met.

Vehicle Impound: None

Missouri DUI School: All DUI offenders must complete a Substance Abuse Traffic Offender Program before having their license reinstated and must pay for a mandatory alcohol assessment / treatment evaluation. First offenders with a high blood alcohol level may have to attend an intensive weekend intervention program. Check with the Substance Abuse Traffic Offenders Program, for more information .

Missouri Probation: At the discretion of the court.

Missouri Community Service: At the discretion of the court. None required by law.

Quote:

Originally Posted by stevetcg

If I read and understand right, thats Kansas City MO, right? this is what I found:

First Missouri DUI/DWI Offense:

Missouri Criminal Status: Class B misdemeanor.

Jail: Up to 6 months.

Missouri DUI/DWI Fines/Costs: Not more than $500

Missouri License Suspension: 30 days.

Violation of Zero Tolerance Law: 90 day license suspension, attend DUI school and pay fines.

Missouri Conditional License: After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met.

Vehicle Impound: None

Missouri DUI School: All DUI offenders must complete a Substance Abuse Traffic Offender Program before having their license reinstated and must pay for a mandatory alcohol assessment / treatment evaluation. First offenders with a high blood alcohol level may have to attend an intensive weekend intervention program. Check with the Substance Abuse Traffic Offenders Program, for more information .

Missouri Probation: At the discretion of the court.

Missouri Community Service: At the discretion of the court. None required by law.

Missouri is lenient compared to Florida's DUI laws. My late husband had a large fine, lots of community service hours to do and attend AAA meetings and one year's probation to complete and 180 days of license suspension - and this was back in 1984! They have gotten stricter than that now for first timers.

Quote:

Originally Posted by excon

Hello s:

In MY state, 24 hours in jail is mandatory upon conviction..

If your drug offense was adjudicated in juvenile court, then your DUI probably won't be considered a second offense. But, if you're still ON diversion, I'd be worrying how the DUI will effect that.

---I was charged as an adult so this will affect my diversion program. But I am getting a lawyer for that.

If it were me, I'd hire a lawyer. He might be able to get the search thrown out. It IS illegal to be searched WITHOUT probable cause, and that's exactly what these checkpoints do.
excon

How sure are you on that last statement? And there has got to be more to it then that.
Would this be something I should really look into when I meet with my lawyer?

Quote:

Originally Posted by shaebutter

How sure are you on that last statement? and there has got to be more to it then that. Would this be something I should really look into when I meet with my lawyer?

Hello again, shae:

Oh, I'm absolutely certain of my law. The Constitution is quite clear on the subject. Absent PROBABLE CAUSE, the cops can NOT search you... Driving a car after the bars close is NOT probable cause to stop you. Most states don't do these checks because they ARE illegal. Others, do it anyway. They either have a state supreme court that has ruled they could, or that it just hasn't been challenged yet. I don't know the status of your law.

I also don't know how successful you'd be at challenging the law. However, somebody will and they'll win.

excon

It appears that there is an old arrest (5 years) which is causing OP to be concerned that this will be a felony (or the old charge could be a felony). I have to admit I don't quite understand. However, here's the other post. https://www.askmehelpdesk.com/schola...ge-387762.html

I'm not sure that the whole, truthful story is posted here in light of the other thread about OP getting his life together.