Marijuana DWI in Springfield, MO - What You Need to KnowA person in Missouri can be convicted of a DWI if he or she has been caught operating a motor vehicle while in an intoxicated condition. This is according to Mo. Ann. Stat § 577.010(1) (West 2010). First, let’s specify what is meant by “intoxicated condition”. This is simply when a person is under the influence of an intoxicant, including:
- Controlled substances
Penalties Involved With a Marijuana DWI in Springfield, MOSpringfield Marijuana DWI penalties are broken down along five levels of offense. These include:
- First Offense: Class B Misdemeanor. A prison term of no more than 6 months. Compulsory participation in, and successful completion of, a substance abuse traffic offender program. A mandatory 30 day license suspension.
- Second Offense (within 5 years): Class A Misdemeanor. A prison term of no more than 1 year and a mandatory 5 days minimum imprisonment. 30 days of community service. A fine not to exceed $1,000. A mandatory 2 year license suspension.
- Third Offense: Class D Felony. A mandatory 5 days of imprisonment, but cannot succeed 4 years. 60 days of community service. A fine of up to $5,000. A three year license revocation.
- Fourth Offense: Class C Felony. A mandatory 60 days of imprisonment, but cannot exceed 7 years. A fine of up to $5,000. At least a 3 year license revocation.
- Fifth Offense: Class B Felony. Mandatory imprisonment of no less than 5 years, but cannot exceed 15 years. A mandatory license revocation of at least 3 years.
What Are the Missouri DWI Laws?The DWI laws in Missouri include a variety of different factors, including blood alcohol level limits, a variety of criminal penalties, and the suspension or revocation of one’s driver’s license. Another factor to keep in mind is the “implied consent” law, in which all motorists, when they apply for a driver’s license, give consent to field sobriety tests and chemical tests so that law enforcement officers can determine their level of impairment.
That said, an officer cannot simply force DWI suspects to provide a breath sample. However, the refusal to do so comes with a penalty. In the event of a DWI suspect refusing to provide a breath sample, the officer has reasonable suspicion of intoxication, and automatic license suspension, as well as further penalties, are likely. One should keep in mind, however, that attorneys do generally have more leverage defending clients absent a breathalyzer test result.
Why Choose DWI Springfield to Help Resolve a Marijuana DWI in Springfield, MO?At DWI Springfield, we understand that everyone makes mistakes, and there is no reason why a DWI should have to turn your life upside down. There are often very good defenses for a marijuana DWI in Springfield. Our lawyers are the experts you can rely on when it comes to the criminal justice system and licensing procedures. We will do everything it takes to help you get the best possible outcome. If you have been charged with a marijuana DWI in Springfield, contact us today!
Penalties for driving under the influence of drugs or alcohol can vary considerably from state to state. In some states, the offense can lead to losing your driver's license for a specific period of time in addition to fines or other penalties. Unlike alcohol, it is difficult to determine whether a person is under the influence of marijuana. To understand the law, it is important to first understand how someone can be convicted of driving under the influence of marijuana.
First OffensesIn Colorado, a state where marijuana is legal for recreational use, a driver is considered impaired, or driving under the influence, if the THC level in his blood are greater than 5ng/ml. All drivers must submit to testing as requested by a police officer, or the person may lose his license as a result of the refusal.
In states where marijuana is illegal, drivers must also submit to drug testing if a police officer suspects you are driving under the influence. Failure to submit to testing can lead to losing your license, even if the charges are dropped in court, but the penalties can vary significantly depending on the state you live in.
For instance, people living in Springfield Missouri may lose their license for 90 days and be charged with fines for a first offense. Typically, first offenders face one or more of the following penalties:
- People convicted of DWI may lose their license for 90 days or longer.
- Fines, which vary by state.
- Some people may have to complete community service.
- Mandatory rehabilitation therapy or successful completion of drug court.
- In states where marijuana is illegal, the person may face time in jail if marijuana is found in the vehicle.
- Some states, including Colorado, enforce a minimum jail sentence for first time offenders convicted of driving under the influence of marijuana
Second and Additional OffensesPenalties are usually harsher for repeat offenders. For instance, in Colorado, people with a second DWI may have their license revoked for one year in addition to jail time, community service and fines. Not all states have clear policies what happens when a driver is charged with driving under the influence of marijuana.
For instance, it is hard to prove that someone is impaired without a blood test, which can be difficult to administer during a routine traffic stop. If you are facing charges of driving under the influence of marijuana, a local Springfield Missouri attorney can help you understand or fight the charges.