Understanding your DUI/DWI
By Adam Peer - Owner of The Law Office of Adam Peer, LLC
DUI stands for driving under the influence in Kansas just as DWI stands for driving while intoxicated in Missouri. Under Kansas DUI law or Missouri DWI law, the prohibited criminal act is that of a person driving a motor vehicle while under the influence of alcohol or drugs to the extent of being incapable of safely operating a motor vehicle. This means that the blood alcohol content or BAC of such person is measured at or over .08 or that the person is otherwise incapable of safely operating a vehicle as the result of being under the influence of alcohol, drugs or a combination of drugs and alcohol. Under Kansas DUI law and Missouri DWI law, the drug could be an illegal drug, such as heroin or methamphetamine, or a legal drug, such as Xanax or pain medication properly dispensed according to a doctor’s prescription.
What the Law Requires for a DUI or DWI Conviction
To convict you of DUI in Kansas or DWI in Missouri, the State or City must prove every element of its case against you beyond a reasonable doubt. First, the State must prove beyond a reasonable doubt that you were operating or attempting to operate a motor vehicle. Does the vehicle you were in or around qualify as a “motor vehicle?” If so, were you “operating” or attempting to operate it as these terms are defined by state law? Second, if you were operating or attempting to operate a motor vehicle, is there enough evidence to establish, beyond a reasonable doubt, that you were under the influence of alcohol, drugs, or drugs and alcohol to the extent that you were incapable of safely operating (or attempting to operate) the motor vehicle?
Each of these questions requires expert skill and diligent research and consideration in evaluating whether the State will be able to prove each element at trial. Owing to the complexity of the DUI or DWI charges you are now facing, it would be prudent to engage a DUI or DWI defense attorney with the knowledge and skill to effectively evaluate and test the State’s case and fight for you in Court.
Contact The Law Office of Adam Peer for more information or to schedule an initial consultation with an experienced DUI / DWI Defense attorney you can trust. Adam’s goal is to resolve your legal issues effectively, quickly and affordably. Adam will work with you directly, keep you informed, and work tirelessly to aggressively fight for and protect your interests.
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Adam Peer – Attorney at Law
The Law Office of Adam Peer, LLC