DWI 1st offense, no priors, what to do???
Got a DWI in Missouri, I have no priors at all. Blew a 0.08 on the breathalizer. So just barley made it. I've read that these machine can be inacurate to +/-0.01 I don't have a lot of funds to spend on a lawyer, I would like to try to handle the matter myself, what would one recommend? A diversion or a Suspended Imposition of Sentence, or something else. I really can't afford to lose my driving privilages entirely, I drive 140 miles to work and back everyday. I read here that a diversion program will result in suspension in most cases. Any advice would be greatly appreciated. Thanks
2 Answers from Attorneys
Re: DWI 1st offense, no priors, what to do???
I don't know of any courts or prosecutors in Missouri that will plea bargain with you without a lawyer. Also, it sounds like you will want an experienced DWI lawyer to review your case as you may have some defenses (based on the low number on the breath machine.) If your case is in the Kansas City area, or in this part of the state, call me at 913-648-7070. Or find an experienced DWI lawyer in the area of your court.
Brian Leininger
Re: DWI 1st offense, no priors, what to do???
Diversion is in KS, not MO.
Probation is available in many counties in MO (SIS or SES) but not all, it depends on what county your charge is in. However, I am not aware of any county anywhere in the state that will offer you a plea bargain without having an attorney-- even on a 0.08 first time offense.
You should definitely hire a good DWI attorney to handle this case. Expert witnesses can be used that can create an alcohol curve based on what you consumed that shows the breath machine is not accurate enough to differentiate between .08 and a number slightly above or below that value.
The chances of you prevailing on such an argument without an attorney EXPERIENCED in making these arguments in virtually non-existent. Most ATTORNEYS cannot even handle this type of case effectively if it is not the primary focus of their practice!!
There is much information on Missouri DWIs listed on our website http://missouri-dui-dwi-defense.com. If you are in the KCMO area, do not hesitate to contact me. I can also refer COMPETENT attorneys to you elsewhere in the state if you like. Whatever you do, do NOT hire someone who is not a member of the National College of DUI Defense: www.ncdd.com.
Good Luck to you. Matt Guilfoil
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