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Jefferson City DWI Lawyers

1. Inglish & Monaco: family law, criminal defense, Social Security Disability claims, and workers' compensation
2. Dodson, Daniel: If you are suspected of, or are being charged with, a crime in Missouri state or federal court, contact an experienced criminal defense attorney immediatelyŃbefore talking to the police or consenting to a search of your property. Do not discuss your case with law enforcement officers, or anyone else, until talking with a lawyer.
3. England, Randy: LetÕs pretend itÕs a clear starry Saturday morning, 1:00 a.m and the cop lights me up and pulls me over. He says I crossed the centerline. I did? He asks for license and insurance and smells what he will describe in his report as an Ņodor of intoxicantsÓ emanating from me. ItÕs all downhill from there: the one-legged stand test, the walk-and-turn, the gaze test. Then come the handcuffs and a ride in the back seat to the sheriffÕs office, where the cop reads some stuff from some form. He says: * ŅYou are under arrest for driving while intoxicated.Ó * ŅTo determine the alcohol content of your blood, I am requesting you submit to a chemical test of your breath (or maybe blood). If you refuse to take the test, your driver license will immediately be revoked for one year.Ó * ŅEvidence of your refusal to take the test may be used against you in prosecution in a court of law. Having been informed of the reasons for requesting the test, will you take the test? So . . . should I blow? If I say NO, I lose my license for a year. If I say YES, I provide additional evidence to be used against me in court. There are some other things I should think about: should I take the breath testA first offense DWI may result in a 30/90 day license suspension, but a repeat offense (or one involving injury or death) will likely cause a license revocation of a year or more. Considering that the punishment for anything more serious than a first offense DWI is probably jail or prison, and a year or more revocation, I might feel there is not much to lose by refusing the breathe test. So I think to myself . . . * Now if I just had a beer or two, I might want to blow if am confident that my blood level is below .080%. It would prove me innocent. * But in a close case it could be just enough for the state to make the case against me. * If I am really drunk, however, it probably doesnÕt much matter whether I blow or not. TheyÕve got me good and nothing will change it. Most prosecutors will just argue that I was so drunk that I knew the breath test would convict me. They would be right and the jury would probably agree with them. Now there is one thing the police wonÕt tell me: the law gives me twenty minutes in which to try to contact an attorney. At the end of the twenty minutes, I must take the breath test or lose my license for the year. So with that additional 20 minutes I can try to get some advice. If I canÕt reach a lawyer, I still have 20 more minutes to think about taking the test. Of course, after a few beers, my thinking is not as good as it could be, but on the bright side, 20 minutes is long enough to lower my blood alcohol from .084% to .079%. That might help. One final thing to consider is thatŠif I refuse to blow and the offense is a felonyŠthe police are very likely to wake up a prosecutor and a judge to get a search warrant, so they get the blood sample anyway. If that happens I am triple screwed. 1. I refused to blow, so I lose my license for a year, 2. I look guiltier because I tried to hide my alcohol levell; and 3. They got the blood alcohol evidence anyway. (Sure didnÕt see that one coming, Ouch!) As you can see, itÕs very hard to know whether taking or refusing the test will hurt or help your case. Sometimes you wonÕt know until itÕs too late. If you can reach an attorney during your twenty minutes (good luck on that), he or she can help you decide. DonÕt rely on this post because it is too short to address all the issues involved. If you want to call me, my number is in the book. Or just avoid the whole thing and have somebody else drive you home.
4. Hanrahan Trap: If you have been arrested for a DUI/DWI, drug charges, theft, domestic violence, fraud, or any other state or federal charge, we encourage you to learn more about your rights.
5. HEARNE & GREEN: An experienced DUI and DWI attorney can minimize the damage of your charges to your record by exploiting holes in the prosecutions' case, including errors made by the arresting officer during your traffic stop. An acquittal in a drunk-driving case will save you from jail time, fines, loss of license, and escalating auto insurance rates, so contact our drunk-driving lawyer immediately.
6. Brydon, Swearengen & England: DUI /DWI Driving While Intoxicated (“DWI”) or Driving Under the Influence (“DUI”) are terms interchangeably used in Missouri to describe the offense of a person operating a motor vehicle while under the influence of alcohol or a controlled substance. While DWI/DUI is relatively common, hiring an experienced attorney is critical. The Missouri Legislature has recently enacted new laws that provide increased punishment for repeat offenders, possibly involving substantial prison time. Many people also fail to consider the collateral consequence that a guilty plea or conviction may have on their driver’s licenses. The Missouri Department of Revenue, while having the power to issue a driver’s license, also has the power to suspend or revoke driving privileges. The Missouri Department of Revenue often will initiate proceedings separate from court proceeding to suspend or revoke a person’s driving privileges as a result of a person’s arrest for a DWI/DUI.
7. Carson & Coil:

   Answers to Common Questions About DUI/DWI

   Although it may have many names, including driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), drunk driving, and drunken driving, operating a car after using or while using alcohol or drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI (which is how it will be referred to in this application). However, there is one constant: it can cause serious injuries or death, and it is against the law. Following are answers to some common questions that arise in DUI/DWI situations.

   How serious is DUI/DWI?

   DUI/DWI is a serious problem. Thousands of Americans are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of "innocent" parties who were in the wrong place at a time when someone chose to drive a car while impaired. DUI/DWI is dangerous for those individuals who chose to operate a car under the influence, and for those individuals whom they injure or kill. In addition to the severe physical injuries that may result in a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for both the offenders and their victims.

   Is it "safer" to drink beer, wine or hard liquor in excess?

   None of them. Different types of drinks contain different concentrations of alcohol, or what may be called "proofs." The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take "less" hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.

   Drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively, but you may also suffer other physical injuries whether or not you decide to operate a motor vehicle. Excessive alcohol consumption over a long period of time can cause damage to the kidneys, liver, heart, and brain. Excessive use of alcohol within a short period of time can also lead to death.

   What is a blood alcohol content?

   A blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In most jurisdictions, if your BAC or BAL is above .10, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law.

   1. You may still be charged with DUI/DWI even if your BAC or BAL is under .08

   Do I have to take a breath analyzer test?

   A breath analyzer test measures a person's BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is "on" your breath when you exhale and inhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law in the state you are in at the time. Under the law in some states, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license will automatically be suspended. If you are later found to have not been intoxicated or impaired, your license may still be suspended in some states as a result of your failure to cooperate.

   Can I be charged with DUI/DWI for driving after taking drugs?

   Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance, you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don't get behind the wheel if you are taking any medications that are incompatible with safe driving.

   What will happen if I have more than one DUI/DWI conviction?

   What will happen to you depends upon what state you are in. In most jurisdictions, there is a "step-up" method for handling multiple DUI/DWI convictions for the same person. In some states, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license, incarceration and the loss of driving privileges for life. In addition, in some states, a judge may order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits.

   Are "alternative" penalties okay for DUI/DWI?

   In many cases "alternative" penalties are allowed in DUI/DWI cases. A judge hearing your case may have discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such discretion, but in first time offenses, or in less serious matters, a judge may be able to require you to perform community service in the nature of giving talks about the dangers of drunk driving. In other situations, a judge may require you to place a license plate on your vehicle or a mark on your driver's license that indicates that you have been convicted of DUI/DWI.

   Should I get an attorney if I have been charged with DUI/DWI?

   Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest or charged with DUI/DWI, since these laws are strictly enforced. Some states require that the police provide you with a list of local DUI/DWI defense attorneys. While there may be some arguments that you can make in your defense, your chance of successfully making those arguments or finding mistakes that may have been made in your arrest are much greater if you have an attorney assisting you. If you are faced with a DUI/DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you may face.