DUI / DWI Arrests in Cass and Jackson County

Our law firm has handled hundreds of DUI / DWI cases in Cass County and Jackson County, Missouri.  The basis of a DUI / DWI arrest involves your blood alcohol content (BAC) during a traffic stop.  If you plead guilty to a DUI / DWI, you risk going to jail or prison, losing your license, and paying huge fines.

What is BAC Content?

Blood alcohol content (BAC) is a measure of the amount of alcohol that is present in the blood, based on the volume of alcohol consumed over a given period of time.  A BAC of .10 percent means that an individual’s blood contains one part of alcohol for every 1,000 parts of blood.  In Missouri, a person is legally intoxicated if that person has a BAC of .08 percent or above.

Factors that Affect BAC

The most obvious factor that affects your BAC is the amount alcohol you drink during a set amount of time.  Other important factors can also affect your BAC.  For example, as you age the intoxicating effects of alcohol increase.  Gender can also have an affect as women generally have lower water content in their bodies than men. Since alcohol is water soluble, a woman can have a higher BAC than a man even if all other factors are the same.

Body type will affect BAC.  A person who weighs more will usually have more water in their body and therefore will usually have a lower BAC with equal amounts of alcohol consumed than a smaller person.  Also, the faster you drink alcohol, the faster your BAC will rise.  Relative fat content versus muscle content will affect BAC and a person will have a higher BAC with a higher body fat percentage.  Most alcohol in the body is broken down by metabolism and different people have different rates in which their bodies metabolize alcohol.

Medications such as cold or allergy pills can react negatively with alcohol and affect BAC; you should check product labels on medications to identify any potential issues with alcohol consumption.  If you are stressed, the rate of alcohol absorption in your body can be slowed creating an increased BAC when you calm down.

If you drink alcohol on an empty stomach, your BAC will be higher than a person who has eaten before drinking. Food slows the absorption into your bloodstream by keeping the alcohol you consume in your stomach for a longer period of time.  Carbonated drinks such as sparkling wine, champagne, or mixed drinks with sodas may increase the rate at which alcohol passes through your stomach and result in a higher BAC.  Some people have negative reactions to alcohol through a genetic condition in which the body has difficulty breaking down alcohol, this may also affect BAC.

BAC After Drinking

Alcohol peaks in the blood stream approximately 30 to 45 minutes after consuming a drink.  After alcohol is absorbed into the bloodstream it leaves the body in two ways. A total of about ten percent leaves through the breath, perspiration, and urine. The remainder is broken down through metabolism.  No matter how much or how fast you drink, the body can only dispose of alcohol at a rate of approximately one standard drink per hour.  Someone with a BAC of .16, or twice the legal driving limit will require over 10 hours to be completely sober and after 5 hours may still not be under the legal driving limit.  A person who reaches a BAC of .20 after a night of heavy drinking may still be over the legal driving limit the following morning, which could be a major problem for anyone who has to go to work the next day.

The only way you can truly protect yourself from being arrested for a DUI / DWI is to not drive after you have been drinking.  Be prepared to call a driver or a taxi when you go out and if you do get stopped, call an experienced DUI / DWI attorney to protect your rights.

Estimate your Blood Alcohol Content

If you have been drinking or are curious about how drinking impacts BAC, check out our online blood alcohol content (BAC) calculator or our I Got Stopped! App

Car Accident Tips for Cass County and the Kansas City Area

While it is not something we want to think about, odds are you will experience a vehicle accident at some point in your life. It is very important to be prepared before a car accident occurs. Always wear your seat belt, avoid distractions, don’t drink and drive, and don’t drive fast, especially in bad weather conditions. If you follow these rules even if you do experience a car accident, your chances of escaping serious injury will be much higher. You also need to carry your insurance card with you at all times. Keep a pen and notepad in the glove compartment so you can write down important information if an accident occurs. You will need to record the other driver’s name, address, phone number, license plate number, and insurance information after a vehicle accident. Keep your health insurance card in your car and medical information including information regarding current medications and allergy information in your vehicle. It is also a good idea to keep jumper cables, first aid kit, flashlight and other emergency tools in your vehicle at all times. Remember to record important numbers in your cell phone including medical providers, car insurance company, and other emergency contacts.

If You Are Involved in a Car Accident Remain Calm and Get out of Harms Way

If you are involved in a car accident first thing is to remain calm. Keeping cool will help you take necessary actions to protect yourself. Call for help, especially if you or someone else is injured, dial 911 immediately. Get yourself out of harms way and move your vehicle out of the roadway if possible. Many accident fatalities are caused when drivers leave their vehicles following minor accidents only to be struck by another vehicle. Avoid commenting on the accident to others. Insurance companies will use your words against you. If you admit to any portion of fault it could be used against you especially if you are not at fault. Take photos of everything including the general area where the accident occurred, any nearby signage or road obstructions, car damage, traffic lights, weather conditions and skid marks. Write down anything you observe including roadway conditions, weather, remarks made by other drivers, passengers and witnesses, including witness contact information.

Seek Medical Help Immediately If You Are Injured in a Vehicle Accident

If you are injured, seek medical treatment immediately and save all documentation of the treatment. Some soft tissue injuries take days to feel symptoms so get checked out even with minor pain or problems, better to be safe. Following these rules will help prepare you and your family for any problems could happen on the roadway.

Introducing the "I Got Stopped!" App

The attorneys of Benjamin Law Firm are pleased to announce the release of the “I Got Stopped!” app. A mobile application designed to protect your legal rights if you are stopped by law enforcement for a DUI / DWI or other traffic matter.

What the “I Got Stopped!” App Can do For You

The “I Got Stopped!” app is not only designed to advise you if you are pulled over, but also to provide you with the tools that you need to protect your legal rights. With the push of a conveniently placed “I’m Being Pulled Over – Record Now” button you are able to record your encounter with law enforcement and also send a text message to your emergency contact. This text message notifies your emergency contact that you have been stopped and also provides them with a link that can provide directions to the general area where you were pulled over. Of course the app also allows you to quickly call the attorneys of Benjamin Law firm to discuss your legal rights and the actions that you need to take when stopped by law enforcement for a DUI / DWI or other traffic matter.

Beyond providing you with tools to use if you are stopped for a DUI / DWI, the “I Got Stopped!” app also provides you with a BAC (Blood Alcohol Content) calculator that can help you to estimate your blood alcohol content and in turn avoid getting a DUI / DWI. The BAC calculator is provided for purely informational purposes and is not intended to provide legal advice. Since blood alcohol content can be affected by a number of different variables, it can only provide a rough estimation of your blood alcohol content. With that said, it is a great way of reminding yourself to drink responsibly and not risk a DUI / DWI.

Protect Yourself From the Consequences of a DUI / DWI

If you are convicted of a DUI / DWI in the state of Missouri you risk paying large fines, having your license taken away, and even losing your job. DUI / DWI charges can be particularly devastating if your work requires a CDL license. Even your first DUI / DWI offense can lead to penalties and the penalties will only become more damaging in the future. Perhaps more importantly, impaired driving can result in you injuring yourself or someone else. This is why it is important to stay informed and protect your rights with the “I Got Stopped!” app.

An ounce of prevention is worth a pound of cure. Before you are ever pulled over, download the “I Got Stopped!” app, take some time to read the “Know Your Rights” section, and familiarize yourself with how the app works, so that you can be prepared if you are pulled over. Also make sure to review the “Disclaimer” section regarding use of the app.

Download the “I Got Stopped!” App

Download on the App StoreGet it on Google Play

Download the “I Got Stopped!” app to protect your legal rights if you are stopped by law enforcement for a possible DUI / DWI or other traffic offense in Missouri. And then, once you have downloaded the app, please let us know about any feedback that you may have. We are eager to improve this application so that it can further assist you in protecting your legal rights and avoiding a DUI / DWI.