The Court Process for DUI Charges in Jackson County

What many know as a DUI is legally called Driving while intoxicated (DWI) in Missouri. This is a serious offense under Missouri law. A conviction can result in criminal penalties, including fines and jail time. Administrative penalties are also possible, such as driver’s license suspension, even if the case does not result in a conviction. 

Dealing with a DWI charge requires careful preparation. Courts in Jackson County have specific rules and procedures for DWI cases. If you are facing DWI charges in Jackson County, the system can easily seem overwhelming. A mistake in preparing for court can have serious consequences. 

A DWI attorney who knows Missouri law and Jackson County procedures can take the pressure off you. They can help you understand your legal rights, your options, and what to expect in your case.

The DWI Arrest and Initial Procedures

Missouri law defines two types of offenses, both of which are known as “DWI”:

• Driving while intoxicated: Driving while impaired by alcohol or drugs.
• Driving with high blood alcohol content: Driving with a blood alcohol content (BAC) of 0.08 percent or more, as determined by a breath or blood test. The BAC “legal limit” is lower for commercial vehicle drivers and drivers under the age of 21.

Reasonable Suspicion of DWI

DWI cases often begin with a traffic stop based on reasonable suspicion of DWI or another traffic offense. A police officer might see someone driving erratically, for example, and pull them over. They might respond to the scene of an accident and suspect that a driver is intoxicated. They may also use DWI checkpoints.

DWI Investigation

An officer may suspect that a driver is impaired by alcohol or drugs because of observations like slurred speech or clumsy movements. They can ask the driver to perform field sobriety tests and submit to breath testing.

Implied Consent to Breath Testing

Missouri’s “implied consent” law states that anyone driving on Missouri roads has consented to providing a breath sample to police who suspect DWI. Many police carry portable breathalyzer devices. Refusing a breath test can have immediate consequences for your driver’s license.

DWI Arrest

If an officer believes you have committed DWI, they will place you under arrest and take you to a police station. A technician at the station will administer a breath test. The devices at police stations tend to be more reliable than portable breathalyzers, but they can still make mistakes.

Bond and Release

The police may be able to hold you after your arrest. They usually release people after several hours with information about the DWI charge. This includes the date and time of the first court appearance.

It’s important to note that the circumstances of a release can vary significantly. Some police departments or jurisdictions may hold a person longer, particularly if there are other charges, a high BAC, or prior offenses. A DWI attorney can advise you of your options in this situation.

Administrative License Suspension Process

The Jackson County Circuit Court will handle the DWI charge. A separate administrative proceeding that affects your driver’s license begins after your arrest in two situations:

• You refused breath testing
• Your BAC was above the “legal limit” of 0.08 percent.

This process is independent of the criminal case. It takes place with the Missouri Department of Revenue (DOR). The arresting officer prepares a Notice of Suspension/Revocation of Driving Privilege (Form 2385 – Sample Here).

You have 15 days from the date on the Form 2385 to request an administrative hearing with the DOR. The hearing will be with an administrative law judge. It could be in person or by telephone. The goal of the hearing is to get all or some driving privileges reinstated as soon as possible. In cases of a test refusal, a petition for review must be filed in Circuit Court within 30 days. It is important to contact a DWI attorney as soon as possible to ensure you don’t miss any critical deadlines.

Arraignment in Jackson County

The 16th Circuit Court of Jackson County, Missouri handles DWI charges issued by the Missouri State Highway Patrol and the Jackson County Sheriff’s Office. These matters are typically handled in the Eastern Jackson County Courthouse in Independence.

Other cities, such as Kansas City, Lee’s Summit, etc., have dedicated municipal courts that handle their respective DUI/DWI cases. The Jackson County Circuit Court handles felony-level DWI cases and cases appealed from the municipal courts.

Your first court appearance in the criminal DWI case might not be until several weeks or even a month after your arrest. Remember that the administrative case affecting your driver’s license will happen on a much faster timeline!

At your first court appearance, also known as the arraignment, the court will officially inform you of the charges against you. A plea of not guilty will be made on your behalf and the matter will be resolved on a later date when you’ve had an opportunity to seek the advice of legal counsel. If you are still in jail, which is relatively uncommon in DWI cases, your lawyer can ask the court to set a bond for you.

Pretrial Proceedings

After a not guilty plea, the court will set another court date. Your lawyer can make good use of this time. They can:

• Gather evidence, including breathalyzer maintenance records and expert witness reports; and
• File motions to exclude the state’s evidence, such as by arguing that the traffic stop violated your constitutional rights.

They can also work on a plea deal with prosecutors, which typically results in a probation that either allows you to avoid the conviction or, for repeat offenders, allows you to avoid jail time. 

Trial

If your lawyer cannot work out a plea deal with the prosecutor, your case will go to trial. You have the right to a trial by jury, or you can have a bench trial where the judge decides whether you are guilty.

Prosecutors have the burden of proving your guilt beyond a reasonable doubt. This is a high bar. Your lawyer does not have to prove that you are innocent. They only have to give the judge or jury a reasonable doubt about your guilt.

Common defenses in DWI trials include:

• Unlawful traffic stop;
• Unlawful arrest;
• Faulty BAC test;
• Medical conditions that explain poor performance on field sobriety tests; and
• Overall lack of evidence of guilt.

If the judge or jury finds you not guilty, the case is over, and you are free to go. If the trial results in a guilty verdict, the court will pronounce a sentence.

Sentencing

The court may schedule another court date for sentencing. State law provides a range of penalties for DWI based on factors like the number of prior convictions and your BAC.

Administrative Consequences of a Conviction

A DWI conviction will result in points on your driving record:

• First DWI conviction: 8 points
• Second or subsequent DWI conviction: 12 points

Accumulating too many points in too short a time can result in suspension or revocation of your driver’s license.

Contact a Missouri DWI/DUI Lawyer to Protect Your Rights

DUI is a serious offense in Missouri. Understanding how the court process works for DUI charges in Jackson County MO can help you prepare and work to minimize the impact of your case on your life. A DWI attorney who knows Jackson County’s courtroom rules and procedures can advocate for your rights with prosecutors and in court. 

Sloan Law Office provides compassionate legal representation throughout the greater Kansas City area. Contact us today online or at 816-777-1340 to schedule a confidential and free consultation to see how we can help you.