While Missouri law takes all driving while intoxicated charges seriously, the penalties for first-time offenders are more lenient than those for second offenses and above. Once you receive a second, or further, charge, the law may impose steeper penalties that come with additional consequences.
Multiple charges can lead to high fines and jail time, which can seriously impact your future.
If you are a Missouri driver and police pull you over for suspected drunk driving, you should know a few basic things about what to expect and how to proceed. A police stop for driving while intoxicated, or DWI, is a serious matter, and you should not underestimate it.
Knowing how to behave during a traffic stop or a police stop for a suspected DWI is important, so that you do not make any mistakes that may put you in further legal jeopardy. In addition, you need to understand what police can and cannot do during a traffic stop so that you may be aware if police attempt to violate your rights. These three tips will give you a basic idea of what you need to know:
Many people do not realize how easy it is to get a DWI until they see flashing lights and find themselves in the back of a police cruiser. If you are careful about how much you drink or rarely drink at all, how could something like this happen to you? Surprisingly, it's more common than you think.
According to the Centers for Disease Control and Prevention, 1.8 percent of Missouri residents admit to driving after drinking too much. If you are facing a DWI charge, consider the following consequences that you could face if convicted.
Even if you are the most responsible driver and never drive after consuming alcohol or using illegal drugs, you may still get a DWI charge. You may ask, "How is that possible?" It may be surprising, but certain over-the-counter drugs and prescription medications may lead to your DWI arrest and conviction.
Lawmakers and law enforcement officers will do everything they can do to prevent impaired drivers. Even when you take medications legally, you may still face a DWI arrest if the drug affects your driving abilities. Below is more information on how legal drugs may impair you and cause you to face legal punishments.
If police pulled you over and charged you with driving while intoxicated (DWI), you may think you have no hope for fighting the charge. Many people automatically assume that a DWI charge is definitive and there is nothing to do to fight back, especially if you feel the charge is unwarranted.
However, the truth is that you can take action to fight back against your DWI charge in St. Louis and the surrounding area, and it is likely in your best interest to do so. Drunk driving defense has helped many people avoid the harsh consequences that can result from a DWI conviction.
Summer is full of holidays centering around outdoor celebrations that involve grilling, swimming and, of course, drinking. The warm weather demands nice, cold beverages to stay cool.
Unfortunately, the many parties and high volume of drinking also lead to more DWI accidents in the summertime. Knowing which holidays have the highest risk can help you plan ahead to avoid getting a DWI in Missouri.
Many police officers rely on subjective evidence when deciding to pull someone over for suspicion of DWI, and what happens from then on is often subjective, too. That can be one angle for defense attorneys to take when fighting charges. For example, if an officer cannot back up what "excessive weaving" means, then poking holes into the officer's observations may be easy.
Of course, there can be so-called objective evidence in the mix as well; for example, the results of BAC tests. In such cases, there may be ways to show that tests were administered improperly or working incorrectly. In any case, here is a look at some examples of subjective DWI observations that may not hold much weight in court if challenged.
Most states in the country have laws which forbid any open alcohol containers in a vehicle. Missouri, along with West Virginia, Virginia, Mississippi, Delaware, Connecticut and Arkansas, does not have these laws. This means, on the state level, it is acceptable for passengers in a car who are over the age of 21 to consume alcohol even if the vehicle is on the road.
Although the state itself does not have any laws concerning open containers, a few municipalities have enforced these laws. Therefore, individuals in the state should know what the law is in their cities to avoid a DWI.
If you are facing charges for a DWI in St. Louis, you probably know that it is illegal for anyone to operate a vehicle with a blood alcohol content of 0.08 percent or greater. This applies to anyone who is over the age 21. There are multiple factors the prosecution will take into consideration when building the case against you. One of them includes the results of the breath test.
Getting a result that indicates that your BAC is above the legal limit does not mean you are not able to question the validity of the breath test. Given that DWI penalties are severe, and you could end up paying dearly for a careless mistake for many years, disputing the results of the breath test may be a good defense strategy for your situation. Law enforcement officers administer the breath test. They are human and can make mistakes that cause false positives and higher normal readings. Possible defense angles include the following:
Cinco de Mayo is a popular holiday in the United States. The holiday's origins relate to Mexico's victory over the army led by Napoleon at the Battle of Puebla. However, for many people, the day is an excuse to spend time with friends and go out drinking.
You should certainly have fun, but you do not want to put a damper on the good times by having a run-in with the police. If you plan on going out drinking, either at a bar or a friend's house, then you should be responsible. There are many ways to have a good time without putting yourself and others in danger or risk getting a DWI.
Why hire Travis Noble? He has A Proven record of fighting the toughest dwi cases.
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