If you are facing charges following a motor vehicle collision, the stakes are significantly higher if you were intoxicated at the time of the accident. A DUI involving an accident often transitions a case from a misdemeanor to a felony, carrying the risk of prison time, massive fines, and a permanent criminal record.
At our firm, we provide the aggressive defense necessary to protect your rights, your reputation, and your future. If you are currently facing DUI accident-related charges, contact KC DUI & Defense Counsel today at (816) 287-3787 for a free consultation.
Missouri DUI Laws and How They Affect Your Injury Claim
Missouri’s driving while intoxicated (DWI) laws are designed to be punitive, especially when property damage or physical injury occurs. While many people use the terms DUI and DWI interchangeably, Missouri statutes specifically refer to it as driving while intoxicated. When an accident is involved, the prosecutor is no longer just looking at your blood alcohol content (BAC); they are looking at the harm you caused in the community.
In Missouri, even if your BAC was over the legal limit, the prosecution must prove that your intoxication was the proximate cause of the accident to justify certain enhanced penalties.
Is a DUI Accident a Felony in Missouri?
In many cases, yes. While a first-time DWI without an accident is typically a Class B misdemeanor, Missouri law elevates the classification based on the severity of the outcome.
If the accident resulted in physical injury (Class E Felony), serious physical injury (Class D Felony), or the death of another person (Class B or A Felony), you could be charged as a persistent offender, a prior offender, or a special victim offender.
These elevated charges often carry mandatory minimum prison sentences that cannot be suspended by a judge. Consequently, a single collision can transform a routine traffic matter into a life-altering legal crisis with permanent felony consequences.
What If You Refused a Breath or Blood Test?
Missouri operates under implied consent laws. By operating a vehicle on state roads, you have effectively consented to a chemical test of your breath, blood, or urine. If you refuse the test after a DUI accident, your license is subject to an immediate one-year revocation.
In accident cases involving injuries, the police can often obtain a search warrant to forcibly draw your blood. This evidence is then used by the state to build a criminal case against you. Challenging the validity of these warrants and the chain of custody for blood samples is a primary focus for a DUI accident lawyer.
Penalties for a DUI Involving an Accident
The penalties for a conviction involving an accident are life-altering. Beyond the immediate threat of jail, you face long-term consequences that affect your ability to work, travel, and maintain housing.
The potential penalties for a DUI accident conviction in Missouri include:
- Incarceration: Sentences can range from 30 days in county jail to 15 years in a state penitentiary, depending on the felony class.
- Hefty Fines: Fines for felony DUI convictions can reach up to $10,000, not including court costs and restitution to victims.
- Restitution: You may be ordered to pay for the medical bills and property damage of the other parties involved.
- Ignition Interlock Device (IID): You will likely be required to install a breathalyzer in your vehicle at your own expense for a significant period.
- Criminal Record: A felony conviction cannot be expunged easily in Missouri and will follow you for the rest of your life.
Aggravating Factors That Can Increase DUI Accident Penalties
Not all accidents are treated equally. The court looks at specific aggravating factors to determine the severity of the sentence. If you were traveling at high speeds, had a BAC well above 0.15%, or had a minor in the vehicle at the time of the crash, the judge is much less likely to show leniency. A Kansas City DUI accident attorney can work to mitigate these factors by humanizing you to the court and highlighting flaws in the state's narrative.
What Happens To Your Driver’s License After a DUI Accident
Your driving privileges are hit from two sides: the administrative side (Department of Revenue) and the criminal side (the courts). Following a DUI accident, you have a very narrow window, typically only 15 days to request an administrative hearing to challenge the suspension of your license. If you miss this deadline, your license will be suspended or revoked automatically, regardless of the outcome of your criminal case.
What Can You Do After Being Charged?
The moments and days following an arrest are critical. Many people make the mistake of speaking freely with insurance adjusters or police officers, thinking they can explain their way out of the situation. This rarely works.
If you have been charged, follow these steps immediately:
- Remain Silent: Do not discuss the details of the crash or your alcohol consumption with anyone but your DUI accident attorney.
- Request a Hearing: Ensure your lawyer files for an Administrative Hearing within the 15-day window to protect your driving privileges.
- Document Everything: Write down your recollection of the events leading up to the accident while they are fresh in your mind.
- Avoid Social Media: Do not post anything regarding the accident or your lifestyle, as prosecutors frequently monitor these platforms.
How a Kansas City DUI Accident Attorney Can Defend You
At KC DUI & Defense Counsel, we believe defending a DWI case involving an accident requires a dual-track strategy. First, we attack the evidence of intoxication. This involves reviewing the calibration logs of the breathalyzer or the laboratory procedures used during blood testing. If the police did not follow strict protocols, the evidence may be suppressed.
Second, we attack the accident element. Just because you had alcohol in your system does not mean you caused the accident. Our team often works with accident reconstruction experts to prove that the other driver was at fault or that external factors, like road conditions or mechanical failure, were the primary cause of the collision. This defense is vital in preventing a misdemeanor from becoming a felony.
Why Choose Our Kansas City DUI Accident Lawyers?
When you are searching for a respected DUI accident lawyer in Kansas City, you need a criminal defense team with experience in DWI defense and understands the local court systems in Missouri. Our firm is dedicated to providing a high-level, strategic defense for those facing the most serious charges.
Clients choose KC DUI & Defense Counsel because:
- Local Knowledge: We understand the specific procedures of Kansas City courts and the tendencies of local prosecutors.
- Proven Results: We have a track record of getting charges reduced or dismissed by identifying constitutional violations.
- Comprehensive Care: We handle both the criminal trial and the administrative license hearings, so you have a single point of contact for your entire legal battle.
- Availability: We offer free case reviews to help you understand your options without any initial financial commitment.
If you are dealing with a DUI accident case in Missouri, do not leave your future to chance. The legal system is built to secure convictions, but our job is to secure your freedom. Contact us today at (816) 287-3787 to speak with our experienced DWI accident attorneys and start building your defense. We are ready to fight for you.
