Felony DUI charges from 4 years ago, got arrested for new DUI in different state yesterday

[jmreed7714]

What is the name of your state? Kansas/Missouri

My boyfriend was arrested this last weekend for DWI in Missouri after an accident. I do not have his BA level because they won't tell me anything, or any other information other than what he's told me about the accident. I know he wasn't drinking in the morning (accident happened before 9:30 am) but we had been drinking the night before and stayed up fairly late and he had quite a bit of fireball. My concern is that he has felony DUI charges in KS from years go, last one was in 2015. I'm concerned he's facing jail time, but I don't know how Missouri will charge him due to it being in a different state than his previous DUI's. No one but him was injured in the accident and it was both drivers fault according to what they told his Dad when he arrived at the scene. What is he facing or does anyone have any idea what they can do to him with his DUI's in KS regarding this one in MO? He's been diligent about his interlock and driving sober and doesn't drink that often at home.

 

[quincy]

What is the name of your state? Kansas/Missouri

My boyfriend was arrested this last weekend for DWI in Missouri after an accident. I do not have his BA level because they won't tell me anything, or any other information other than what he's told me about the accident. I know he wasn't drinking in the morning (accident happened before 9:30 am) but we had been drinking the night before and stayed up fairly late and he had quite a bit of fireball. My concern is that he has felony DUI charges in KS from years go, last one was in 2015. I'm concerned he's facing jail time, but I don't know how Missouri will charge him due to it being in a different state than his previous DUI's. No one but him was injured in the accident and it was both drivers fault according to what they told his Dad when he arrived at the scene. What is he facing or does anyone have any idea what they can do to him with his DUI's in KS regarding this one in MO? He's been diligent about his interlock and driving sober and doesn't drink that often at home.

If he has been diligent about driving a vehicle with the interlock device, he would not have been charged with a DWI.

Here is a link to Missouri laws on driving while intoxicated: https://dor.mo.gov/drivers/dwiinfo.php

He will need a good criminal defense attorney if he has any hope of staying out of jail. His driving history can be considered in sentencing. And there are increased penalties when the DWI causes a car accident, property damage and/or injuries.

Your boyfriend is looking at both criminal charges and possibly a civil action.

 

[jmreed7714]

If he has been diligent about driving a vehicle with the interlock device, he would not have been charged with a DWI.

He will need a good criminal defense attorney if he has any hope of staying out of jail. His previous drunk driving conviction can be considered in his sentencing.

His interlock was not in the car as he had just bought a new car and the company he uses for interlock had not put the device in his car yet. His previous probation officer told him he would be okay until they put it in if it was done within the first month of his new car being purchased. I have NO idea if thats right or wrong, I don't know anything about it. Thats part of my problem and also now part of my question, since the interlock wasn't in his new car yet, what is he facing with that?

 

[quincy]

His interlock was not in the car as he had just bought a new car and the company he uses for interlock had not put the device in his car yet. His previous probation officer told him he would be okay until they put it in if it was done within the first month of his new car being purchased. I have NO idea if thats right or wrong, I don't know anything about it. Thats part of my problem and also now part of my question, since the interlock wasn't in his new car yet, what is he facing with that?

He should not have been driving. He can probably expect to have his probation revoked in Kansas and his license suspended.

His future is not looking all that bright for him right now. He needs a good criminal defense attorney.

 

[jmreed7714]

If he has been diligent about driving a vehicle with the interlock device, he would not have been charged with a DWI.

Here is a link to Missouri laws on driving while intoxicated: https://dor.mo.gov/drivers/dwiinfo.php

He will need a good criminal defense attorney if he has any hope of staying out of jail. His driving history can be considered in sentencing. And there are increased penalties when the DWI causes a car accident, property damage and/or injuries.

Your boyfriend is looking at both criminal charges and possibly a civil action.

Okay, I personally have never been in trouble legally, only speeding tickets or parking tickets. What is the civil action he could be facing? and Criminal charges, would that be in regards to his Felony and he would/could have several years of jail time?

 

[jmreed7714]

He should not have been driving. He can probably expect to have his probation revoked in Kansas and his license suspended.

His future is not looking all that bright for him right now. He needs a good criminal defense attorney.

Working on that currently, I have placed a few calls. We just don't have the money to pay upfront, so we're most likely looking at a public defender.

 

[quincy]

Okay, I personally have never been in trouble legally, only speeding tickets or parking tickets. What is the civil action he could be facing? and Criminal charges, would that be in regards to his Felony and he would/could have several years of jail time?

The other driver can sue him for damages. That would be the civil action.

Jail time is a good possibility. How long your boyfriend could spend in jail depends on how his previous conviction(s) are weighed and on what he is eventually convicted.

The link I provided earlier will give you all of the possible consequences of your boyfriend's latest DWI. I am thinking he won't have the chance to drive his new car for quite awhile.

We have on this forum an attorney who practices in Missouri. I haven't seen him around lately but I will send him a message to look at your thread. You can check later to see if "Tiger D" has posted.

Good luck.

 

[jmreed7714]

thank you, i appreciate your honesty and help.

 

[quincy]

thank you, i appreciate your honesty and help.

You're welcome, jmreed7714. Thanks for the thanks.

Good luck.

 

[HighwayMan]

Your boyfriend has a serious drinking problem which you seem to encourage since you admit you were drinking with him prior to his arrest. In addition to legal help he needs help for his addiction. Since you don't seem to be helping him, maybe you should think about moving on.

 

[jmreed7714]

Your boyfriend has a serious drinking problem which you seem to encourage since you admit you were drinking with him prior to his arrest. In addition to legal help he needs help for his addiction. Since you don't seem to be helping him maybe you should think about moving on.

That was the first time either of us had had a drink in weeks, actually. We don’t make it a daily routine or habit. We were drinking the night before his accident, not right before. I appreciate your opinion on my lifestyle, because you must know everyone you’ve never met so well. My boyfriend has been very strict about his drinking and only allows himself to drink occasionally. When I say occasionally, I mean maybe once or twice a month. So thanks, again, for calling us both drunks, but that isn’t the case. He shouldn’t have been driving, I don’t deny that, especially without his interlock device, but unfortunately he did and he got into an Accident. I can’t justify why he drove, other than our daughter needed some children’s ibuprofen due to a fairly high fever. Again, I’m sorry you feel the need to judge so harshly, people can change and he has. He made a significant mistake and will most likely have to pay big for it, I’m just trying to figure out what we’re facing, so I can 1: prepare my daughter for the fact that her dad won’t be coming home soon, and 2: prepare myself for the financial burden it’s going to put on my shoulders to care for our home and family on a single income. Thanks for making me feel like a horrible person, when I’m just trying to prepare my family for what is coming.

 

[FlyingRon]

You still have the official clinical signs of a substance abuse problem. The frequency of your drinking is not the problem. It is the fact that when you do drink, it ends up with serious interference with your life (and getting charged with a DUI constitutes such).

 

[HighwayMan]

It's apparent based on what you've said that NO amount of drinking is acceptable. You justifying this by saying that your baby daddy "only drinks" a few times a month is sad. He shouldn't be drinking at all since he apparently has a problem. You are enabling his behavior.

And yes, I judge people harshly when they place themselves, their families, and complete strangers at risk of death or serious physical injury because they have a drinking problem. I judge those that enable them even more harshly.

 

[quincy]

He won't be drinking in jail and, when he gets out of jail, he is not likely to have a driver's license (even restricted, even with an IID) for at least a year.

That will, with luck, keep everyone safe on the roads. The accident could have been far worse than it was.

Your boyfriend really needs to get help (alcohol counseling of some sort) to keep him from drinking and further messing up his life and the lives of those who love him. I agree with the others that he has the clinical signs of an alcoholic. It is hard for an alcoholic to stop drinking on his own.


(Did someone report HighwayMan's earlier post?)

 

[Just Blue]

He won't be drinking in jail and, when he gets out of jail, he is not likely to have a driver's license (even restricted, even with an IID) for at least a year.

That will, with luck, keep everyone safe on the roads. The accident could have been far worse than it was.

Your boyfriend really needs to get help (alcohol counseling of some sort) to keep him from drinking and further messing up his life and the lives of those who love him. I agree with the others that he has the clinical signs of an alcoholic. It is hard for an alcoholic to stop drinking on his own.


(Did someone report HighwayMan's earlier post?)

I think that op got into a snit and reported it.