Frequently Asked Questions About DUIs
Aug. 10, 2021
According to recent statistics released by the Missouri State Highway Patrol, in 2018 there were 4,828 crashes where alcohol was involved. Drunk driving is a startling common mistake that can have disastrous consequences for everyone involved. For DUI offenders, the consequences can vary from a suspended license, a criminal record, or jail time.
If you have been pulled over by a police officer and charged with a DUI, you probably have questions about what happens next. Here at my firm, Guilfoil Law Group, I make it my priority to answer your questions and prepare the strongest defense possible for your case. If you have been charged with a DUI in Kansas City, Missouri, or anywhere else in Clay County, Platte County, or Jackson County, there are some frequently asked questions that may be able to help you better understand your situation.
Can I Refuse a Breath or Blood Test When Pulled Over on Suspicion of A DUI?
Yes, you can refuse these sobriety tests. You have to provide your license and proof of insurance, get out of the car, submit to frisking for officer safety, and sit in the officer’s car. You do not have to submit to a breath and/or blood test, however, any refusal will result in an automatic one-year “chemical revocation” of your driver’s license.
If I’ve Been Charged with A DUI, Will I Go to Jail?
As is the case with many DUI cases, it largely depends on whether or not you’ve been charged before, and if so, how many times you’ve been charged with a DUI and/or convicted. The court may decide not to send you to jail at all, or to only send you for a few days. This can happen if you attend a substance abuse treatment program, submit to continuous alcohol monitoring, and submit to random testing.
Will I Lose My License? If So, How Will I Get to Work?
It is possible to have your license suspended if you are found guilty of driving under the influence in Kansas City, Missouri, even if it is your first offense. For a first offense, you could have your license suspended for up to 30 days, and then have a 60-day restricted license. A restricted license will allow you to drive to work or school.
Is It Worth It to Fight A DUI?
I try to remind all of my clients that it is always worth it to fight your DUI charge. In some instances, you may be able to plead out with less damage to your life than in other cases. There are, however, some circumstances that no one should ever plead guilty to. For example, if your job is riding on whether or not you lose your driver’s license, or if your freedom is at risk because your case carries mandatory jail time, it is always worth it to fight the DUI.
Is Hiring an Attorney Necessary?
Yes, it is extremely important that you hire an attorney to handle your DUI/DWI case. Having an experienced DUI attorney on your side who specializes in DUI defense can be essential to the outcome of your case. You do not want an inexperienced lawyer, or worse, to have to represent yourself in court for a DUI charge.
In Missouri, DUI laws are strict. It’s possible that you can win the criminal portion of your case and still have your license suspended. A reliable DUI attorney can help you argue your case against a court that’s often stacked against those charged with a DUI or DWI.
Guilfoil Law Group Is Here to Help
If you have been stopped by police and charged with a DUI/DWI in Kansas City, Missouri, you need to know that you have options. Instead of accepting the charges and having a permanent criminal conviction on your record, you can work with a skilled criminal defense lawyer to argue your case.
I spend countless hours each month researching the latest cases, legal treatises, scientific literature, and articles on the subject of drunk driving defense. I have years of experience arguing DUI and DWI cases in court for clients in Platte County, Clay County, and Jackson County, Missouri. I want to make sure the consequences of a DUI conviction don’t have an outsized impact on your life. If you’re facing DUI charges, call or reach out to my office today to learn more about how I can help you with your case.