Underage DWI Lawyer in Kansas City
Protecting the Rights of Minors Under the Age of 21
The Guilfoil Law Group is committed to defending clients throughout the Clay, Platte, Cass, and Jackson Counties. One of the many charges we defend is underage DWI. In Missouri, the "abuse and lose" laws are very harsh, which can lead to serious consequences for underage drivers. Luckily, our team is ready to fight for you.
The law allows for any driver over the age of 15 and under the age of 21 to have their licenses suspended or taken away if pulled over with any amount of alcohol in their blood. Our Kansas City DWI attorneys are here to help ensure that doesn’t happen. Attorney J. Matthew Guilfoil has over 15 years of experience fighting DWI charges and has the experience and knowledge to help you or your child.
Call our firm at (816) 470-0172 for aggressive counsel today!
What to Expect in an Underage DWI Case
In "abuse and lose" cases for underage DUI / DWI in Missouri, the administrative process will be enacted right away if the underage driver's BAC is .02 or greater. This is basically a "zero tolerance" policy, as this is such a low BAC.
Under RSMo. Section 577.500, the court is required to enter an order of either suspension or revocation of the minor offender's driver license if found guilty of committing certain offenses.
These include the following and more:
- Any alcohol-related traffic offense
- Possession or use of alcohol while operating a vehicle
- Possession or use of a controlled substance
- Alteration, modification or misrepresentation of a driver's license
Additionally, the possession of an alcoholic beverage in the trunk of a minor's vehicle in a "normal" traffic stop is sufficient for the minor to have their driver's license revoked under RSMo.
How does this impact you if you have been pulled over for DUI / DWI as a minor in Missouri? You are facing a 90-day license suspension for a first offense or a 1-year revocation for a second offense as a minor.
Notice of Suspension / Revocation
It is important that you understand all aspects of your abuse and lose DUI / DWI case in Missouri. For example, the arresting officer doesn't necessarily need to state the specific traffic offense that spurred the initial stop of the underage driver.
Moreover, petitions for review under RSMo. 302.311 do not apply to abuse and lose cases entered under RSMo. Section 577.500 because the trial court actually imposes this type of suspension/revocation NOT the Director of Revenue.
Unless you don’t mind not driving for 90 days for a first-time offense conviction, you’re in essence being forced to contest the charge against you.
The Advice & Guidance You Need
Not only are our Kansas City DWI defense lawyers here to help, but we are well qualified to do so. As a certified IACP and NHTSA-certified standardized field sobriety testing instructor, as well as one of only two defense attorneys who have completed the 24-hour Drug Evaluation and Classification Overview Course, J. Matthew Guilfoil has the experience and insight to protect your rights after you have been pulled over.
If you have been pulled over for underage DWI please do not hesitate to contact the Guilfoil Law Group. We can be reached at (816) 470-0172 to schedule a free initial consultation.