Travis Noble, P.C.St. Louis DWI Lawyer | Travis Noble, P.C. | Jefferson County2024-03-04T07:42:28Zhttps://www.travisnoble.com/feed/atom/WordPressOn Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507472024-02-28T14:54:45Z2024-02-28T14:54:45ZChanges in their drinking venue
Maybe someone recently started patronizing a new bar or restaurant on their way home from work. The professionals there may have different habits than the bartenders at other establishments. People who count their drinks are particularly vulnerable to changes in the party providing alcohol. Different establishments and different bartenders may have slightly different approaches to the same recipe. Someone could ingest more alcohol than they expect at a bar they don't frequent or when served by a new bartender.
Drinking on an empty stomach
Someone familiar with their own limits usually knows how much they can drink safely. However, certain behaviors can alter the body's ability to absorb and metabolize alcohol efficiently. Individuals who drink on empty stomachs may find that the number of drinks they can usually enjoy safely is enough to put them over the legal limit and at risk of an impaired driving arrest.
Changes in health status
The way the human body processes alcohol is complex. Changes in someone's weight, metabolism or overall health could have implications for their ability to tolerate alcohol. Certain medical conditions could alter someone's alcohol tolerance. Even certain medications could make someone more sensitive to alcohol and more likely to feel impaired after only one or two drinks.
Understanding the limitations to gauging one's own chemical intoxication may benefit those hoping to avoid or properly respond to impaired driving charges.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507452024-02-23T18:14:02Z2024-02-23T18:14:02Zstandardized field sobriety test (SFST) is considered reliable.
The SFST is backed by the National Highway Traffic Safety Administration (NHTSA). The purpose of SFSTs is to provide a systematic method for officers to identify impairment and make more informed decisions about whether further testing or arrest is warranted.
Horizontal gaze nystagmus test
The horizontal gaze nystagmus test requires the driver to follow an object side-to-side. The officer looks for involuntary jerking in the eye that increases when a person is impaired. This test is considered by many to be the most reliable of the SFSTs, as it is less influenced by a person's physical ability or balance. However, it's not without its critics, who argue that various factors other than impairment can influence the results.
Walk-and-turn test
The walk-and-turn test assesses a suspect's ability to complete tasks requiring divided attention, simulating the multitasking required for driving. In this test, the driver has to take nine steps, heel to toe. At the end of the nine steps, they have to pivot on one foot, turn and return to the starting point in the same manner. This test is designed to measure both physical and cognitive impairment.
One-leg stand test
Like the walk-and-turn test, the one-leg stand evaluates an individual's physical control and mental focus, critical components for safe driving. The driver has to hold one foot six inches off the ground. They must count while doing this and can only stop when the officer instructs them to do so.
A person who’s facing drunk driving charges may call an SFST into question as part of their defense strategy. Working with a legal representative who’s able to evaluate the situation, explain the options to the defendant and help them to craft a defense that shows their side of the matter in the most effective manner possible is generally advisable, given how much is at stake in cases like this.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507422024-02-16T03:07:22Z2024-02-15T18:00:32ZClass D felonies
Possession of a controlled substance is typically classified as a Class D felony in Missouri. Missouri controlled substance statutes outline types of circumstances that warrant this criminal charge. A Class D felony applies to cases involving smaller quantities of drugs intended for personal use. For instance, possessing a small amount of marijuana or a limited number of prescription pills without a valid prescription may result in a Class D felony charge.
Individuals convicted of a Class D felony may face imprisonment for up to seven years and fines of up to $10,000. Additionally, they may be subject to probation and mandatory participation in drug treatment programs.
Class A felonies
In more severe cases, possession of a controlled substance can escalate to a Class A felony. This classification applies when aggravating circumstances are present, such as possession with the intent to distribute or trafficking large quantities of drugs.
A Class A felony carries significantly harsher penalties compared to a Class D felony. Offenders may face imprisonment for a minimum of ten years and fines of up to $20,000.
Legal implications and consequences
Regardless of the felony classification, a conviction for possession of a controlled substance can have lasting consequences. In addition to legal penalties, individuals may experience difficulties securing employment, housing and educational opportunities with a felony record.
The possession of a controlled substance in Missouri is a serious offense with varying degrees of severity. By knowing the nature of the charges against you and the consequences they might entail, you can make the best decisions when building a solid defense.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507252024-01-29T01:41:36Z2024-02-04T01:40:07ZAfter the sun sets
A look at federal collision statistics makes it quite clear that many major crashes occur after dark. Drunk driving collisions, in particular, often tend to occur after the sun sets. The time after bars close, in particular, may be a time with enhanced police presence on the road. DWI enforcement efforts are often more of a concern during the darker times of day as opposed to the morning and early afternoon.
On high-risk days
There are certain days when drunk driving becomes more of an issue. Many major holidays, including New Year's Day and St. Patrick's Day, involve traditions with alcohol. Police departments may have more traffic patrol officers scheduled on days when there is an increased likelihood of a drunk driving crash occurring. Major holidays and the weekends right before or after those holidays may see increased police presence on the road.
Major events in an area, including sporting events, graduation ceremonies and concerts, may also trigger increased police activity. Those enjoying special events may over-indulge and then feel as though they have to drive themselves home. Police departments often monitor local entertainment schedules and school district schedules to better prioritize days when the risk of people celebrating and drinking too much is higher than average.
Although Missouri drivers can encounter police officers looking for drunk drivers any day and at any time, officers out looking for drunk motorists are more of a concern at certain times. Connecting one's arrest with a police officer's assumptions, including the idea that those leaving a concert may have had too much to drink, could help those accused of a Missouri DWI plan a more effective defense.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507222024-01-29T01:37:30Z2024-01-29T01:37:30ZA DWI with a child could be a felony
Having a minor in the vehicle at the time of a DWI arrest is a major risk factor. Any passenger under the age of 17 could trigger Class C felony charges against someone accused of impaired driving. The penalties the courts could hand down include up to 10 years in prison and $10,000 in fines.
Children do not have the option of refusing to ride in the vehicle with their parents in most cases. Additionally, how they may be too young to recognize the warning signs that the driver of the vehicle is under the influence when they get behind the wheel. A child or teenager could end up seriously hurt or worse in a crash caused by an intoxicated adult.
Therefore, adults who get arrested for a DWI with a minor in the vehicle face felony charges. Missouri prosecutors can accuse the adult driver of knowingly putting a child at risk with their conduct, which constitutes endangering a minor in the first degree.
There could also be secondary consequences if someone eventually divorces or finds themselves in a shared custody scenario. A conviction for an offense that endangers a child could influence how the courts decide to divide parental rights and responsibilities. A parent could be at risk of losing time with their children if they have a DWI conviction on their record that involves allegations of endangering an underage passenger.
For many parents facing DWI charges, assertively fighting back could be the best option after an arrest. As such, understanding the laws that govern Missouri DWI cases may help people more effectively respond to pending criminal allegations.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507102023-12-27T17:28:46Z2023-12-27T17:28:46ZMedical challenges
There are a variety of health issues that can reduce the accuracy of chemical breath testing. Perhaps the most common involves uncontrolled blood sugar issues. Someone with unmanaged or undiagnosed diabetes could have acetone on their breath, and that could trigger a false positive on a chemical breath test. There are other medical issues that could also affect the accuracy of test results. Even certain prescription medications, including asthma inhalers, could cause false positives during chemical breath testing.
Hygiene or dietary habits
Some people follow specialized diets that could reduce the accuracy of breath tests. Many others have hygiene habits that could include using mouthwashes or breath sprays that have alcohol in them. Especially if someone uses mouthwash or breath spray immediately before a traffic stop, the presence of those compounds in their mouth could trigger a false positive on a breath test that makes it look as though they have had too much to drink.
Calibration or maintenance issues
Finally, a false positive could occur because of an issue with the breath test unit and not the person taking the test. Police departments need to regularly maintain the devices, which might involve physically working on the devices or installing software updates as necessary. They also need to frequently calibrate testing devices to ensure that they can produce accurate results. The failure to properly maintain and calibrate breath test units can lead to inaccurate readings and evidence that may not be as accurate as people assume.
Identifying the source of inaccurate breath test results can provide the basis for someone's criminal defense strategy after they’ve been accused of impaired driving. Seeking legal guidance is a good way to get started.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507072023-12-27T02:21:35Z2023-12-27T02:21:35ZDUI charges
A DUI charge involves a driver who is operating a vehicle with alcohol in their bloodstream. The legal blood alcohol concentration (BAC) in Missouri – and nearly all states – for adults is anything under 0.08% BAC. It’s important not to get DUI confused with a DUID charge. DUID stands for driving under the influence of drugs. That charge is used only for drivers alleged to be impaired by any kind of drugs (legal or illegal and prescribed or not).
DWI charges
The more commonly used charge is DWI, since this can be used whether a driver is believed to be impaired by alcohol and/or drugs. Law enforcement officers can’t always determine what kind of substance has made a driver impaired or caused them to drive erratically or dangerously. Whether a person shows a BAC of 0.08% or over or not, they might still be impaired by drugs. Further, even if they’re not impaired by any substance, police still have a right to arrest them on suspicion of drunk and/or drugged driving.
The consequences can be serious regardless of the specific charge
What’s crucial to keep in mind is that whichever of these charges you see on your documentation, the consequences that could impact your driving privileges, your finances, your career and even your freedom can be serious.
With that said, an arrest does not have to result in conviction. There could potentially be issues with the way any field sobriety tests, including breath tests, were conducted. There could also be issues with the stop and the arrest itself. Before you plead guilty, it’s smart to get legal guidance to help protect your rights and work to minimize the consequences that this situation could inspire. Depending on your circumstances, you may be able to avoid a conviction altogether.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507052023-12-05T10:28:25Z2023-12-05T10:28:25Z
For-hire or private motor carriers
Anyone who assigns drivers to, leases or owns commercial vehicles
Government entities
Churches and civic organizations
One of the FMCSA guidelines is that commercial vehicle drivers can’t have a blood alcohol concentration (BAC) of .04% or above when operating a commercial vehicle. Additionally, these drivers can’t operate a vehicle if they’ve had alcohol in the previous four hours.
There are strict penalties for DUIs for commercial drivers
The penalties for drunk driving for commercial drivers are strict. One thing that people don’t often realize is that even DUIs in personal vehicles can have an impact on a commercial driver’s license. Anyone who receives a moving violation must notify their employer within 30 days, so they may incur employment consequences from their employer, even if they weren’t cited for a DUI while on the job.
Additional penalties resulting from a criminal conviction may include time in jail and suspension or revocation of one’s driver’s license. Probation and other penalties may also be imposed.
Alcohol testing can occur for various reasons
Commercial drivers can be tested for alcohol for many reasons. They may be tested during traffic stops, but they can also be tested after a crash, or anytime there’s reasonable suspicion to believe the driver has been drinking. They’re also tested before they can return to work after an impairment-related incident.
Long-term consequences may be imposed
The long-term consequences that may result from a conviction of drunk driving for a commercial driver can be harrowing. The suspension or loss of their license can mean the end of their livelihood. This can lead to them being unable to pay for life’s necessities. They may have to find another line of work, which might be challenging because of their criminal record.
Seeking legal guidance regarding drunk driving charges for commercial drivers can help defendants to understand their options and to build a defense strategy. It’s a tough situation but the outcome of DUI cases isn’t set in stone.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507032023-11-29T01:56:47Z2023-11-29T01:56:47ZCommon reasons for drug use
College students may use illegal drugs for various reasons, influenced by individual circumstances, peer pressure, curiosity, stress and other factors. Some common reasons why college students may engage in illegal drug use include:
Peer Influence: The social environment in college can sometimes encourage experimentation with drugs. Peer pressure or the desire to fit in might lead some students to use illegal substances.
Curiosity and Experimentation: For many young adults, college is a time to have new experiences. Some students may be curious about the effects of drugs and may try them out of curiosity or to seek new sensations.
Stress and Pressure: College life can be demanding, with work, social activities and academic pressures. Students may use drugs as a way to cope.
Self-Medication: Students experiencing mental health issues such as anxiety, depression or trauma might turn to drugs as a way to self-medicate and alleviate their emotional pain or distress.
Availability and Accessibility: Drugs might be more accessible in a college environment, whether through social connections, parties or other means, making it easier for students to experiment with substances than when they were in high school and lived with their parents.
Peer Acceptance and Socializing: Some students may use drugs as a means of enhancing social experiences, feeling more relaxed or fitting into certain social settings. Alcohol, for instance, is often referred to as a “social lubricant” at parties.
Boredom or Thrill-Seeking: Seeking excitement or seeking to break the monotony of college life might prompt some students to use drugs to experience a sense of thrill or adventure.
It's important to note that drug use among college students can result in serious consequences, including academic issues, health problems, legal troubles and addiction. Educational institutions often provide resources such as counseling, support services and substance abuse prevention programs to address these issues and support students in making healthier choices. However, students who are facing criminal charges – and their parents – need to be well aware of their legal defense options, as the state and a young adult’s school may have different responses to certain drug-related conduct.]]>On Behalf of Travis Noble, P.C.https://www.travisnoble.com/?p=507002023-10-30T13:01:29Z2023-10-30T13:01:29ZThe maximum suspension increases with each offense
First-time DWI offenders generally receive the most lenient sentences. Those with multiple prior offenses will face harsher penalties. That is true for the license suspension as well as the possible jail time or probation that a judge sets.
For someone accused of a first DWI in Missouri, a license suspension of up to 90 days is likely. However, they could potentially qualify for restricted driving privileges. They may need to install an ignition interlock device if they hope to entirely bypass the suspension period. Otherwise, they can serve 30 days of the suspension and then regain the right to drive for certain reasons. Driving related to employment, schooling and court-ordered appointments will be all someone can do until after the 60 days of restricted driving privileges pass.
Someone convicted of a second DWI will have their license revoked for one year. If the second offense is within five years of the first conviction, they may not be able to regain their license for five years. Third offenses can lead to up to ten years of license denial. Given the increasing penalties imposed with each subsequent charge, many people find it worthwhile to defend against even a first DWI. Many people, very understandably, don't want to risk enhanced penalties if they ever get arrested again in the future.
The threat of losing one's driver's license is more than just an inconvenience. It can affect someone's social life and possibly even their career. Responding appropriately to pending DWI charges can help people to minimize the risk that they’ll be subject to significant consequences – including licensing penalties – as a result of being arrested for allegedly impaired driving.]]>