What Happens When a Minor Gets a Second DWI in Missouri? The Attorneys of Haden & Colbert Have Answers
If Your Child Has Been Charged With Another DWI, Review Our Guide & Trust in a Missouri Criminal Lawyer
Driving while intoxicated is a massive offense that puts other people in danger. When the driver is under the age of 21, this can result in a world of charges and consequences in their personal life. The penalties are even worse if this isn’t the first time a minor has faced punishment for a DWI. Your child’s future matters, and letting two DWIs stay on their record will have effects that potentially follow them for the rest of their life. At Haden & Colbert, our DWI attorneys have experience defending underage drivers on both first and second offenses in Missouri. Follow along with us and begin taking precautions for your child.
The consequences of a second DWI offense for underage drivers in Missouri
None of the outcomes of a DWI charge is desirable, especially in a state like Missouri, where Abuse and Lose laws apply to underage drivers. If your child is under the age of 21 and found to be driving with a blood alcohol concentration of 0.02% or higher, they are subject to many legal consequences. A first offense is a Class B misdemeanor, license suspension for 90 days, and up to $1,000 in fines. When a minor is charged with a second DWI, their license may be revoked for a full year in addition to a Class A misdemeanor and double the fines. The penalties are even more serious if another person was injured as a result of the driver’s intoxication.
This second offense will not only restrict your child’s driving privileges, but they could also be required to enter a drug or alcohol recovery program before they can be trusted on the road again. If a DWI charge stays permanent on their record, it could hinder their prospects when graduating, applying for colleges and student aid, or even finding a career in Missouri! Facing your child’s court date without a lawyer will only make the process and outcome more stressful. Being equipped with a criminal lawyer and knowing how to move forward will make all the difference. Learn more about the details of a DWI charge in Missouri before seeking a law firm like Haden & Colbert.
What are the required elements to be convicted of a DWI in Boone County, MO?
During this time, the details of your child’s arrest will need to be reviewed in order for your DWI attorney to build their defense. The prosecutor will be looking for a group of key elements, and all of them must be proven “beyond a reasonable doubt” to confirm that a minor is guilty of driving while intoxicated. If this is your child’s second DWI offense in the Columbia, MO area, the first action is to look at their criminal record for proof of the first charge.
Next, the prosecutor must prove that your child was the person controlling the vehicle at the time of the event. In Missouri, it doesn’t matter if they were actually driving or not – if they are caught sitting behind the steering wheel while parked, or if they interfered with the driver while in the passenger seat, your child could still be held liable for driving while intoxicated.
Last but not least, a DWI charge in Missouri is based on verifying the defendant’s intoxication from the arrest. Several options are available for testing an underage driver’s sobriety. One of the most common tests is using a breathalyzer to see the driver’s blood alcohol concentration, but blood tests are also a regular method. In a field sobriety test, the police officer will test the driver’s ability to walk in a straight line and perform other tasks, such as following an object’s movement with their eyes.
Can a minor get their driver’s license back following a Missouri DWI charge?
It won’t be easy getting your child’s license again, especially after multiple charges. If this is their second conviction for an intoxication-related traffic offense in a five-year period, it’s possible their license could be revoked for five years, and up to 10 years on a third offense! However, your child can attempt to regain their license by paying a reinstatement fee, completing a Substance Awareness Traffic Offender Program (SATOP), and, if their license was revoked for a year, retaking their driving exam.
How a criminal law attorney in Missouri can defend your child from their second DWI in court
Our DWI lawyers are ready to challenge the allegations made against your child in Boone County courtrooms. From reviewing the sobriety tests for accuracy to making sure evidence was obtained constitutionally, an experienced attorney can give your child’s rights the protection they need. With Haden & Colbert, you can navigate Missouri’s Abuse and Lose Laws with more confidence and support your loved one through an otherwise grueling experience to face alone.
Get Started on Your Child’s DWI Case With Haden & Colbert. Our DWI Attorneys Will Help Them Navigate Missouri’s Criminal Laws & Advocate for Their Future
It’s normal for parents to worry about their children and wish for their security in life. The consequences of a second DWI offense are too severe to ignore; you need legal representation in a Missouri court. Handle your case with the DWI lawyers at Haden & Colbert, and we’ll keep you informed as we cross each bridge, calming your concerns and bringing you comprehensive defense. We help more than DWI cases as well – if your child has been charged with a fake ID or minor in possession, our criminal law attorneys have the practice. Give us a call and find your attorney in Columbia, MO.