Have you been charged in a criminal matter? I’m here to help defend you and answer any questions you may have. It’s a tough situation to be in. I will do my best to protect your interests and create a positive outcome.
Missouri considers DWI as anytime anyone is operating a motor vehicle with a BAC (blood alcohol level) of 0.08% or more. For commercial vehicles this is 0.04% and for minors the threshold is 0.02%.
|1st Offense||2nd Offense||3rd Offense|
|Jail||Up to 6 months||Up to 1 year||Up to 4 years|
|Fines||Up to $1,000||Up to $2,000||Up to $10,000|
|License Suspension||30 days, then 60-day restricted license||5-year revocation||10-year revocation|
|Ignition Interlock Device (IID)||Possible as a condition of restricted license||6 months minimum||6 months minimum|
DUI or driving under the influence can refer to drugs or alcohol. Other terms you may have heard are driving while impaired.
To help simplify, if you have been arrested in Missouri for driving while drinking you may be charged with DWI – driving while intoxicated.
What should I do if I get pulled over for DWI in Missouri?
- Roll down both windows. The car may smell from even one small drink and the officer may approach from the passenger window.
- Be polite and respectful. Keep your hands in sight of the officer and don’t make sudden movements to grab paper work etc. This just goes a long way in regard to not making the officer’s job difficult.
- Be nice but not too nice. Engaging in conversation about all kinds of questions isn’t required. You may answer without over answering or lying. The chance of someone saying there was an odor or slurred speech increases.
- DO get out of the car if asked. You then have options of what you wish to participate in.
- You may refuse the roadside breathalyzer test. These are of lower quality than regular breathalyzers at the station.
- You should take the breathalyzer at the police station. A refusal will most likely result in loss of license.
- You should politely ask for an attorney after being arrested and politely after arriving at police station.
Which type of attorney do I choose?
There are many different types of attorneys. My main focus is criminal law, DWI, traffic and family law.
Can I remove a DWI related offense if it’s over 10 years old?
If you have been arrested for a new offense you may not remove (expunge) the old offense – because a new offense is pending. This according to new laws passed. (House Bill 1695 effective Aug. 2010)
Can you refuse a breathalyzer test in Missouri?
You can refuse but there may be penalties. If a driver is arrested and refuses blood, breath or urine tests by an officer they may face a 1 year license revocation. And if you have any prior DUI related convictions you will face a mandatory 6 month interlock ignition device (IID).
What is the best way to beat a drunk driving charge?
You may have heard that 90% of firefighting is prevention. So the quick answer to this question is to call a cab, a friend or family member, or other transportation if you have been drinking.
The other part is to find a DWI defense attorney near you. I proudly defend my neighbors in Palmyra and Hannibal Missouri.
As well as surrounding areas including but not limited to Marion, Ralls, Monroe, Macon, Adair, Knox, Lewis, Clark, Randolph.
What other questions do you have?