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Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

A new Missouri law taking effect August 28, 2026, significantly increases mandatory minimum sentences for certain DWI offenses.

For a 4th DWI, an aggravated offender faces a Class D felony and must serve at least 60 days in jail before becoming eligible for probation.

A 5th DWI qualifies someone as a chronic offender, while a 6th DWI qualifies someone as a habitual offender. These are Class C and Class B felonies, respectively, and both carry a mandatory minimum of 2 years in prison before parole eligibility.

The law also increases penalties when a DWI involving criminal negligence results in another person’s death. Certain offenses will be classified as a Class B felony, carrying 5–15 years in prison and requiring at least 5 years before parole eligibility.

Another provision, which appears unclear due to how it was drafted, may classify DWI involving criminal negligence and the death of any person as a Class A felony. That carries a mandatory minimum of 10 years before parole eligibility, with a potential sentence of 10–30 years or life.

These changes dramatically raise the stakes for Missouri DWI cases and may lead to more Class A and B felony cases proceeding to jury trial because of the substantial mandatory minimum sentences involved.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

The Supreme Court of Missouri has made a change in the law. In the summer of 2026, they now have made a rule that says you cannot find a warrant on CaseNet anymore. If you were wondering if you have a warrant for your arrest, you used to be able to go on CaseNet and look and see your case number, find out what the charge was, and call a lawyer and ask for help.

Now you won't know if you have a warrant unless you have been arrested. Once you're arrested, the state will allow the security level on CaseNet to show the charge and case number. Not only is this going to impede knowing if you have a warrant, it impedes criminal defense lawyers because we can't find out either.

We used to be able to go to CaseNet and almost 100% of the time, we could see if you had an active case with an active warrant, the case number, and what the charges were. Now we have to contact the clerk of the court and get your case number and the charges so we know what we're representing you for and the cost. Then we can draft an engagement agreement.

So if you're wondering if you have a warrant for your arrest, don't trust that CaseNet is showing you everything.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

In Missouri, it has been very difficult to be removed from the sex offender registry. It’s frustrating for individuals who, for example, were in an unlawful relationship when they were 20 years old, and their girlfriend was 16 years old. Some of these individuals would later go on and get married and have children and would still be on the sex offender registry.

Missouri had drafted legislation for attorneys to attempt to have people removed from the sex offender registry list after many years of being on the list and serving their time. Certain people would qualify, but the statute was not written well, and attorneys were not able to successfully obtain removal for many clients.

The legislature in 2026 has changed the law to make removal easier, and it’s more consistent with federal law. Individuals convicted of a sex offense, even if it was a guilty plea with suspended imposition of sentence, or if a conviction with prison time, can seek removal from the sex offender registry. Not everybody will qualify, and it will be extremely limited in who does. If you're interested in learning more, reach out to The Benjamin Law Firm in Kansas City, MO.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

There's a new law in Missouri that goes into effect on August 28th of 2026, and it's called Bentley's and Mason's Law. If there's been a driving-while-intoxicated conviction and if there's the death of a parent or a guardian of a minor child, then the surviving parent or guardian is allowed to file a petition with the court seeking that you pay child support. The petition is not part of the criminal case. Rather, it’s a civil petition for child support by the surviving parent or guardian.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

There's been a change in the Missouri law that affects individuals who are required to have an ignition interlock device. It used to be you had to have the ignition interlock device installed on any car you drove for the restricted driving privilege or the limited driving privilege term, which could be up to 90 days or 1 year depending on the term of your suspension or revocation of your license. If it was your second or more need for an ignition interlock device, it was required that you install the device for an additional 6 months after the date of reinstatement of your driver's license.

Now there's a new list of people required to have the ignition interlock device for an additional 6 months, and they no longer qualify for 90 days or 1 year on the limited or restricted driving privilege. Even if there are no priors, if you have a blood alcohol content above 0.15, you will be required to have the ignition interlock device for an additional 6 months after reinstatement of your driver's license.

Also, anyone who, as a result of a DWI, causes any amount of property damage or any amount of personal injury will also be required to have their ignition interlock device installed beyond the term of their restricted or limited driving privilege for an additional 6 months after the date of reinstatement of their driver's license.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

If you need to hire a DWI Defense Lawyer, look for someone who not only has been doing DWI defense work for years but also is always attending seminars and learning new science and techniques. The Benjamin Law Firm stays updated on the law by attending the national programs and is very involved with the National College for DUI Defense. Attorney Kim Benjamin sits on the faculty and board, so she knows how to win DWI cases. Benjamin Law continually learns how to cross-examine police officers because it’s a way to win a DWI case. They know the officers' training and that most don't follow it. You want an attorney who tries cases, not someone who pleads your case without doing a full investigation. Benjamin Law will fully investigate your case and watch the videos, read the police reports and look for inconsistencies in the breath and blood tests. They know the officers, prosecutors, and judges in your jurisdiction, take advantage of weaknesses in the prosecution’s case, and win.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

When should you hire a DWI lawyer after being arrested? You should hire a DWI lawyer right away, and the reason is twofold. The first is your driver's license case. If you provided a breath sample, you have 15 days to fight your driver's license case. A good lawyer knows how to try a case, how to prepare a case, and how to set a case up for either a win or a loss to do better in the criminal case. If you refused, you're going to lose your license in 15 days, but the Benjamin Law Firm at least has a longer window to file the lawsuit. That window is 30 days, and that allows them to file that lawsuit whether you think you should fight your driver's license case or not or whether you think you have a defense or not. The firm always files those cases because it's in those driver's license cases that they get the ammunition and we get success in winning the DWI criminal case

In a student disciplinary case, do they involve the police? It depends. If there’s a sexual assault or violence, the school will turn it over to the police, whether it be immediately or at some point. It’s worth noting that some schools require subpoenas but if it’s a criminal charge, they can get one in 20 minutes. However, it depends on the school, but they're going to turn over those records at some point.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

The question the Benjamin Law firm often gets is, “Do I need a lawyer if I have a DWI? What if I knew I was intoxicated when driving?” A good lawyer who knows what they're doing will look at your case objectively and potentially win your case. The Benjamin Law Firm has won driver's license cases when clients thought that they were going to lose, and they have won DWI cases when the client thought they were going to lose. There are many reasons why a good lawyer who knows the science, the law, the training the officers have and has done the training themselves can win. They know how to cross-examine police officers specifically about their training and their arrest decision. They know how to beat a breath and blood test by understanding the science that allows the Benjamin Law Firm to challenge a DWI.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/

Benjamin Law Firm - DWI & Criminal Defense Lawyers

124 Cunningham Pkwy Suite 102

Belton, MO 64012

(816) 846-2219

In a DWI defense case, the Benjamin Law Firm focuses on the officer's credibility. In addition to knowing the science about the breath and blood tests, knowing the law and how to cross-examine a police officer based on their training is paramount. Then, the totality of whether the person was intoxicated or not is considered. What we see a lot of is the officer writes a report and it sounds like the client was intoxicated. Then we watched the dash and body cam videos, and the client wasn't slurring their words. Their balance, finger dexterity and communication were normal. They understood the officer, they answered their questions, and they were actually driving quite well. Speeding or having a license plate light out are not signs of someone who's intoxicated while driving. The Benjamin Law Firm looks at the totality of the case and all the different reasons why the officer made mistakes.