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DWI, DUI, drunk driving, and excessive BAC are all terms that refer to an individual driving after they have consumed alcohol or drugs to the point that it has impaired their ability to drive. If a police officer suspects that a driver is impaired, then they may test their sobriety via a field sobriety test, breathalyzer tests, or a chemical test. If you are charged with driving while intoxicated, you could be facing misdemeanor or felony charges, and you could be looking at losing your license for anywhere from 90 days to the rest of your life. To protect your rights, you need a DWI lawyer in your corner fighting for you. If you or someone you know has been charged with DWI, fill out our form at the bottom of this page for a free consulation or call our office today.
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There are a few things that have to be true for a person to be consider driving impaired. First, they must be operating a motor vehicle. In other words, they must be in a position to control the movement of the vehicle – even if the vehicle isn’t actually moving.
Second, they must be intoxicated at the time that they are operating the motor vehicle. Intoxication can occur by alcohol, illegal drugs, or legal drugs.
If you cause property damage or injure another person, then the classification and punishment can increase severely. Also, while you might be entitled to have one misdemeanor DWI expunged, a felony DWI will stay on your record permanently.
Vehicular assault is a form of assault that occurs when an individual uses a vehicle to harm another person or threaten another person with harm. While the vehicular assault definition may not seem to apply to impaired driving, persons that injure other people under the influence are often charged with vehicular assault in addition to a DWI. The sentence for vehicular assault is a fine of $300 and 15 days in jail in addition to any other charges.
Missouri does not have a vehicular homicide statute, however enhanced penalties can be included in the sentencing in the event of a death caused by a DWI accident. Because of the steep consequences, you should contact a criminal defense attorney as soon as possible if you are involved in a DWI accident that results in a death.