One area of law that is continuously evolving is regarding driving while intoxicated, or DWI. This is otherwise referred to as driving under the influence, or DUI. These are areas of criminal law that may lead to criminal penalties. In 2018, there were about 12,000 offenders caught for a DWI in Missouri alone. Of those, 240 resulted in a driver fatality. In an effort to protect drivers on the road, Missouri has stringent DWI laws. If you have been convicted of a DWI in Michigan and are looking for representation in court, consider working with an experienced Fulton DWI lawyer.
DWI laws differ from state to state. In Missouri, the law regarding a DWI depends on whether it’s your first offense or a repeat offense, but all require a 0.08% blood alcohol concentration or higher. For first offenders of DWI cases, it is considered a Class B misdemeanor offense. This means that it isn’t as severe as a felony, but it still results in potential fines, jail time, or both. A maximum of $1000 may be fined for a first offense, as well as up to a six-month jail time.
A second offense of a DWI is more serious than the first. You may be charged with a Class A misdemeanor and incur penalties of up to $2,000. Further, you may be required to serve up to one year in jail or face a combination of both penalties and jail time. Many second-time offenders are also eligible for a two-year probation requiring 250 hours of community service or 10 days in jail. A court-ordered SATOP course, or Substance Awareness Traffic Offender Program, may be required as well. Those on probation are expected to remain drug and alcohol-free during the probationary period.
If after your second-offense DWI you are convicted a third time, you may be charged with a Class D felony. These require 10 days in prison, followed by up to four years of jail time and a maximum fine of $5,000. Probation for a third offense runs between one and two years, but eligibility is based on a required 30-day jail sentence or 480 hours of community service.
Once found guilty of a DWI three times, you will be considered an aggravated offender and charged under Class C felony offenses or higher for any repeat offenses. After a fourth offense, you will be considered a chronic offender. Both aggravated and chronic offenders face harsher punishments than prior convictions.
In Missouri, there is an implied consent law in place. This means that anybody who is operating a vehicle in Missouri is required to provide samples for chemical testing if there is suspicion of a DWI. Samples may include blood, urine, and breath tests. Refusing these tests may require the suspension of your license. Failing the test with a 0.08% blood alcohol concentration or greater may result in a suspended license for 30 days. If you wish to request an administrative hearing to contest the license suspension, you must do so within 15 days of receiving your Notice of Suspension. A Fulton DWI lawyer can walk you through your administrative hearing and ensure that you are treated justly.
If you have been charged with a DWI in Fulton, Missouri, and are in need of representation, consider hiring an experienced Fulton DWI lawyer. Scott Hamblin is a knowledgeable Missouri attorney and can guide you through the entire DWI hearing process. To review your case today, contact us to schedule a consultation with attorney Scott Hamblin.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His…
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but…
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers.…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful…
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my…
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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