Driving while intoxicated (DWI) is a serious offense in Missouri, carrying severe legal consequences that can significantly impact your life. Beyond criminal charges, being intoxicated while driving can greatly affect liability in personal injury cases. At The Law Office of Chad G. Mann, LLC, we’re committed to educating Missouri drivers about the legal ramifications of DWI to promote safer roads and protect your rights.

How Impairment Affects Liability

Operating a vehicle under the influence of alcohol or drugs is not only illegal but also constitutes negligence per se in Missouri. This legal doctrine means that violating a statute designed to protect the public (like DWI laws) is inherently considered negligent. In the cor777 of a car accident, if a driver is found to be intoxicated, they are presumed negligent, which can make them liable for damages resulting from the accident.

Key Legal Reference:

  • Missouri Approved Instructions (MAI) 17.21 [1993]: Provides jury instructions when a defendant’s conduct is impaired due to drugs, alcohol, or both.

Statutory Basis:

  • Missouri Revised Statutes § 577.010: Defines the offense of driving while intoxicated and outlines the various degrees of charges based on the severity and circumstances.

Implications of Negligence Per Se:

  • Burden of Proof: The plaintiff doesn’t need to prove that the intoxicated driver was negligent; the violation of the DWI statute suffices.
  • Liability for Damages: Intoxicated drivers are typically held responsible for compensating victims for medical bills, property damage, lost wages, and pain and suffering.

Legal Consequences of Driving Under the Influence

Missouri imposes strict penalties on individuals convicted of DWI, which escalate with repeated offenses or aggravating factors.

Classification of Offenses and Penalties:

  1. First Offense (Class B Misdemeanor):
    • Possible jail time up to six months.
    • Fines up to $500.
    • License suspension.
  2. Prior Offender (Class A Misdemeanor):
    • At least 10 days in jail.
    • Fines up to $1,000.
    • Longer license suspension.
  3. Persistent Offender (Class E Felony):
    • Minimum of 30 days in jail.
    • Potential imprisonment up to four years.
    • Significant fines and license revocation.
  4. Aggravated Offender (Class D Felony):
    • Minimum of 60 days in jail.
    • Longer imprisonment terms.
    • Heavier fines and extended license revocation.
  5. Chronic Offender (Class C Felony):
    • Minimum of two years imprisonment.
    • Substantial fines.
    • Permanent license revocation.
  6. Habitual Offender (Class B Felony):
    • Extended imprisonment.
    • Severe fines.
    • Permanent loss of driving privileges.

Aggravating Factors Include:

  • High Blood Alcohol Content (BAC): A BAC of 0.18% or higher increases penalties.
  • Causing Injury or Death: If the intoxicated driving results in physical injury or death, charges escalate to felonies with harsher penalties.
  • Child Endangerment: Having a passenger under 17 years old in the vehicle increases the severity of the offense.

Steps to Take If Involved in an Accident with an Intoxicated Driver

  1. Ensure Safety:
    • Move to a safe location if possible.
    • Check yourself and others for injuries.
  2. Call 911:
    • Report the accident and any suspected intoxication to the authorities.
    • Request medical assistance if needed.
  3. Document the Scene:
    • Take photos of vehicle damage, skid marks, and any visible injuries.
    • Note the behavior of the other driver (e.g., slurred speech, smell of alcohol).
  4. Gather Information:
    • Exchange contact and insurance information with the other driver.
    • Obtain contact details of any witnesses.
  5. Avoid Confrontation:
    • Do not engage in arguments or accusations with the intoxicated driver.
  6. Seek Legal Counsel:
    • Contact an experienced personal injury attorney to protect your rights and navigate the legal process.

Why Understanding DWI Impact Matters

  • Protects Your Rights: Knowledge empowers you to take appropriate action if you’re a victim of an accident involving an intoxicated driver.
  • Maximizes Compensation: Understanding the legal implications can help you secure the compensation you deserve for your injuries and losses.
  • Promotes Road Safety: Awareness of the severe consequences deters individuals from driving under the influence, contributing to overall road safety.

How The Law Office of Chad G. Mann, LLC Can Assist You

If you’ve been injured by an intoxicated driver, our dedicated team can:

  • Investigate Thoroughly: Gather evidence of the driver’s impairment and negligence.
  • Handle Communications: Deal with insurance companies and legal entities on your behalf.
  • Advocate for Compensation: Pursue maximum compensation for medical expenses, lost wages, and pain and suffering.
  • Provide Legal Guidance: Navigate the complexities of negligence per se and DWI laws to strengthen your case.

Contact Us Today

Don’t face the aftermath of an accident with an intoxicated driver alone. Contact The Law Office slot gacor of Chad G. Mann, LLC for a free consultation. We’re committed to fighting for your rights and holding negligent drivers accountable.

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