Everyone makes mistakes, but some have harsher consequences than others. You can be charged for driving while intoxicated (DWI) if your blood alcohol concentration (BAC) is 0.08% or higher, or if an officer believes alcohol or drugs have impaired your ability to drive safely—even when your BAC is below the legal limit. Missouri also has lower BAC thresholds for commercial drivers and drivers under 21. Many people don’t realize that they’re over the legal limit when they get behind the wheel.
A DWI arrest in O’Fallon can lead to both a criminal case in court and an administrative case with the Missouri Department of Revenue. That means you may face penalties such as jail time, fines, and losing your driving privileges. You have a limited time to protect your license and your record.
Travis Noble, P.C., is ready to defend you in criminal and administrative DWI proceedings. Our attorneys can challenge the evidence against you and protect your rights. Contact Travis Noble, P.C., today to discuss your case and start building your defense.
Missouri law has specific BAC limits, depending on what kind of driver you are. Exceeding them can lead to a DWI charge:
You can still be charged with DWI even if your BAC is below these limits. Prosecutors can rely on other evidence to claim impairment, including:
Knowing the standards officers use and the types of evidence collected can help you take early steps toward building a defense.
DWI is a criminal offense, and the penalties increase with each conviction or aggravating factor involved. For example:
Certain circumstances can trigger enhanced penalties. These are called aggravating factors, and they include your prior DWI history. The most common aggravating factors are:
Even a first-time conviction can affect your freedom and your ability to drive. When aggravating factors are involved, you’re likely to face felony charges, including separate charges for endangering the welfare of a child. Depending on your specific charges, your O’Fallon DWI could result in up to 15 years in prison. Travis Noble, P.C., can build a strong defense and minimize the potential consequences in your circumstances.
The fallout from a DWI conviction often goes far beyond court fines, license suspension, and potential jail time. You’ll probably face a sharp increase in auto insurance rates. Some drivers lose their coverage altogether.
Conviction can also create barriers to employment. Some employers see a DWI on a background check as a reason not to hire. Commercial driver’s licenses (CDL), nursing credentials, and security clearances can be suspended or revoked after a conviction.
Travel can become more complicated as well. Some countries, including Canada, have strict entry rules for travelers with a DWI on their record. These restrictions can affect business trips, vacations, or family visits abroad. Finally, if you’re not a U.S. citizen, a DWI conviction could result in immigration consequences.
The consequences are harsh, but a DWI charge doesn’t always guarantee a conviction. Missouri law requires the prosecution to prove every element of the case beyond a reasonable doubt. The right defense strategy depends on the circumstances of your arrest and the type of evidence the state plans to present. Common defenses in O’Fallon DWI cases include:
When you work with Travis Noble, P.C., we will identify any weaknesses in the prosecution’s case and use them to your advantage in court.
DWIs have two separate legal processes: the criminal case in court and the administrative case with the Missouri Department of Revenue (DOR). Even if your criminal charges are reduced or dismissed, the DOR can still suspend or revoke your driver’s license. Revocation occurs based on your chemical test results or if you refused to take one.
You have only 15 days from the date of your arrest to request an administrative hearing. Missing this deadline can result in an automatic suspension or revocation. Having legal representation early can help you meet deadlines and fight for the best possible outcome in both proceedings.
What you do after a DWI can affect your criminal case and the administrative process.
By taking these steps early, you can avoid common mistakes that might harm your case later.
The DWI process can feel overwhelming, but strong legal guidance makes a significant difference in your case outcome. Contact Travis Noble, P.C., today to discuss your DWI arrest and start building your defense.
