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St. Louis DWI Lawyers

1. Leming Law Firm: DWI - Driving While Intoxicated á DUI - Drive Under the Influence Question: My friends and family members said I should not submit to breathalyzer test if I am stopped on suspicion of DWI? Are they correct Missouri law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year. Each DWI case is different in the facts present and there is no universal answer to this question. Question: When should I hire an aggressive DWI attorney? As soon as possible. Immediately if possible. In Missouri, you have 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If you miss the time limit, you will forfeit your rights and your license will be suspended. As soon as you invoke your right to an attorney, the police are required to stop any gathering of evidence based on your statements until your attorney is at your side. The sooner you have an attorney, the earlier your aggressive defense will begin. We recommend that you invoke your right to an attorney at the traffic stop, if it is apparent that you may be charged with DWI. Question: What should I expect throughout my DWI case? Under Missouri law, every DWI has two parts. The first part is your administrative hearing to challenge the automatic suspension of your driver's license. In Missouri, your attorney may represent you at your hearing. While many people think they can handle this part of their defense themselves, it is important to hire an aggressive attorney to protect your driving privileges or help you get an occupational license, if necessary. The criminal proceeding will take longer to resolve - If the case goes to trial it may take up to a year. The Leming Law Firm will investigate the probable cause leading to the traffic stop, as well as the police actions and the breathalyzer and blood test results. The Leming Law Firm keeps you fully informed about how the case is progressing and how your decisions will affect the outcome. Question: How long will the entire process take? The length of the entire process will vary, depending upon the facts of the case and how hard you are willing to fight to protect yourself from penalties. If your attorney challenges police actions with motions to suppress evidence, your case may take several months - or, if the case goes to trial, it may take up to a year. Of course, if you decide to accept a plea bargain right away, the case may be resolved in a couple of weeks. It is important to have an attorney protect your rights and start your aggressive defense as soon as possible. Question: What are the chances that my license will be suspended? It depends on the evidence presented at the administrative hearing. There are two goals at the administrative hearing. The first is to save your divers' license. The second is to question the officer to confirm the story and challenge his or her version, if necessary. Question: Will my past driving record make a difference? Generally speaking, your previous driving record will not be a factor used against you to determine guilt. If you accept a plea bargain, or are found guilty in a trial, your driving record generally plays a big role in the penalties you receive. If you have a clean driving record, penalties for a first-time offense are not likely to be as heavy. Question: If I am guilty of DWI, and I know it, do I still need a lawyer? There is always an aggressive and effective defense that can be used to fight your DWI charges. DWI defense isn't just about the crime. It is also about defending the person. We look at the circumstances that led to your blood alcohol content. We consider your family situation. We make sure the judge knows of your commitment to your family and your community. By telling your personal story, we can often help get the best possible outcome. We represent people, not the criminal charge. Question: Is it ever too late to get an attorney? Even if your administrative hearing deadline or trial is in just a day or two, an aggressive lawyer can help. We know the legal procedures that are necessary to help you get delays to develop the strongest case possible.
2. Daniel Walkenhorst: A DUI case can be extremely serious business. You may have a family lawyer you rely on for business matters, wills, real estate transactions, and even traffic tickets. When it comes to criminal charges, though, you can't afford to rely on a lawyer who may not be well versed in DUI law. It's critical that you have the information you need to make good decisions, and that you have that information early in the process. You need to know how the charges and the choices you make in responding to them can affect your future-and your family's future. Talking to a DUI lawyer who knows the law in your state and how it applies to your case will help you make informed decisions.
3. Fredman & Fredman: There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial.
4. Sansone Law: Always Refuse a Breathayser Test Why you should always refuse aÊ breath test: In a typical drunk driving cases evidence of intoxication includes: 1.ÊÊ Arresting officer's observations; 2.ÊÊ Statements made by driver/defendant; 3.ÊÊ Field Sobriety Tests; 4.ÊÊ Portable Breath Test (Probable Cause Only); 5.ÊÊ BAC Results - Breathalyzer Test Results over .08. If you remove #5, the BAC test, and did not make any incriminating statements to the officer (i.e. "I am drunk" "I drank 12 beers"), the State's case against you is the officer testifying that you looks drunk.Ê Unless the defendant was falling down drunk, this is a difficult case for the State to prove.Ê But the Officer Told me I would Lose my License forÊ a Year if I did not Blow: Missouri's implied consent law states that upon reasonable request by a police to submit to a breath or blood test a refusal to do so results in a presumptive 1 year license revocation.Ê The claim is that you give "implied consent" to submit to alcohol tests when you decide to drive on the state roadways.Ê In most cases I can defeat the 1 year revocation.Ê Defenses Include: 1.ÊÊÊ Reasonable Suspicion or Probable Cause for the Stop and Test Request; 2.ÊÊÊ Proper notification of your rights, Miranda Rights andÊ the Implied Consent Law; 3.ÊÊÊ Voluntary and knowing refusal; 4.ÊÊÊ Opportunity to submit to the test. There are many other defenses that fall under the above categories, however, these are the most common. 1.ÊÊÊ Reasonable Suspicion or Probable Cause for the Stop and Test Request; The implied consent law required that the officer had reasonable suspicion or "probable cause" to believe you were intoxicated before they are legally allowed to ask you to submit to a breath or blood alcohol test. This probable cause is often based on the PBT (portable breath test), so never take one.Ê Additionally, based on the officer's observations and any admissions by the driver.Ê Therefore, it is best not to submit to the tests and simply invoke your right to remain silent.Ê 2.ÊÊÊ Proper notification of your rights, Miranda andÊ the Implied Consent Law The officer is required to inform the driver of the implied consent law before a voluntary and knowing refusal can occur.Ê Additionally, you must be allowed at least 20 minutes to contact a lawyer and reasonable access to the means to do so.Ê This is usually the time when most officers try to scare the driver into taking the breath test by telling them they will inevitably lose their license for a 1 year.Ê DO NOT fall for it!Ê there is a reason they are trying to scare you into taking the test, they know they need that BAC readout to have a solid case against you.Ê 3.ÊÊÊ Voluntary and knowing refusal: This situation occurs most often with asthmatic drivers who attempt to take the BAC test but cannot due to their medical condition.Ê Most cases the officer claims that you purposely tried to fool the machine and writes it down as a refusal.Ê One case we recently won was when the driver was unconscious and talked to the hospital.Ê The officer wrote it up as a refusal, however, the driver was unconscious and could not have refused, thusÊ the license revocation was thrown out.Ê Drunk driving laws in Missouri and Illinois are getting stricter and harsher every year as MADD and other groups constantly lobby the legislature to clamp down on already strict laws.Ê Over zealous enforcement as political pressure bears down on the state's law enforcement agencies is resulting in every day people being treated as criminals.Ê The legal limit has been pushed down to .08 which is a few glasses of wine with dinner.Ê Instead of enforcing the truly drunk drivers, .12 and above in my opinion, they are targeting everybody.Ê
5. Jason Fauss: Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are criminal charges used to prosecute drivers who operated a motor vehicle while impaired by alcohol or drugs. The difference between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) is how the state labels the offense. Missouri labels this offense DWI, while Illinois labels this offense DUI. This offense is generally referred to as DWI. If you or a loved one has been arrested for DWI, you probably need an experienced DWI attorney. Many people do not realize this "traffic offense" is, in fact, a criminal prosecution and may have jail time and driverÕs license revocation as punishment. Ê Criminal and Administrative penalties in Missouri for DWI include: ¥ Mandatory alcohol education and treatment/assessment (SATOP) ¥ Administrative license suspension/revocation ¥ Attendance at a Victim Impact Panel (VIP) ¥ Probation or even the possibility of jail time ¥ Possible vehicle confiscation in limited circumstances Ê It is important that you act quickly after being arrested for DWI. You must appeal the administrative suspension within 15 days from the day you were arrested or your license will be suspended or revoked and you will have no right to appeal the decision of the Department of Revenue. Ê This suspension will take place if you: ¥ Refused to submit to a breath, blood, or urine test of your alcohol concentration after you were arrested upon reasonable suspicion of driving while intoxicated (DWI) ¥ Your blood alcohol concentration (BAC) was tested and the alcohol concentration in your blood, breath, or urine was .08% or higher (.02% or higher if you were under 21 years old) Ê An experienced DWI lawyer will evaluate the evidence including the administrative suspension and results of field sobriety tests and chemical tests to determine if your legal rights were violated. More over, a DWI attorney will be able to advise you on possible plea bargains options.
6. Carla Zolman: Drunk driving is certainly the most serious moving violation you can be accused of. It will cost you time, money, and possibly your driver's license.
7. Joseph Welch: If you get pulled over for Driving While Intoxicated, a DWI, or Driving Under the Influence, a DUI, in many states you can lose your license almost instantly, before youve even gone to court and been found guilty. In Missouri, when you get pulled over and the officer asks you to take a breath test, you have two choices: either take the test or refuse. If you take the test and fail, meaning your blood alcohol level is a 0.08 or above, the Missouri Department of Revenue will suspend your license 15 days later, even if its your first offense, and even if the court later finds that youre innocent of driving while intoxicated. The only way to fight this suspension is to request an administrative hearing during those first 15 days.
8. Frank & Juengel: A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States Constitution does not require a trial court to instruct a jury on the definition of reasonable doubt. However, the Constitution does not prohibit a trial court from providing a jury with a definition of reasonable doubt.
9. Sullivan & Associates: Can you keep a DWI off my record? The unique facts of each case, breathalyzer results, statements both from the officer and from the driver are needed before any attorney can give a prediction as to the final result of a case, and even then there are no guarantees. Police departments have more investigative tools than ever in their arsenal to prosecute drunk drivers.
10. Watson-Wesley Coleman: Alcohol-related driving fatality and injury statistics in the U.S.are staggering; approximately 17,500 alcohol-related deaths, and overtwo million alcohol-related injuries occur each year. As such, most states do not require the opinion of a forensic toxicologist in determining whether suspected drunk drivers are unlawfully intoxicated. Consequently, the general practice continues with police officers employing their own judgment when determining alcohol intoxication.
11. Charles Ferguson: An individualhas the right to defend oneself without fear of criminal liability for any harm arising from such self-defense when the individual is threatened by an attack (or reasonably believes such an attack is imminent.) It should be noted, however, that the limits of self-defense are largely a creation of state law, and therefore vary in important respects among different jurisdictions.
12. Craig Kessler: A criminal case begins with an arrest, and in our country each individual is considered innocent until proven otherwise in a court of law.
13. Leslie Tolliver: If you or a loved one has been arrested or accused of a crime in Missouri, you need experienced, aggressive representation to defend you against these criminal charges.
14. Wittner, Poger, Spewak, Maylack & Spooner:

    Traffic violations can have serious criminal consequences, especially when the offense in question involves a drunk driver accused of driving under the influence or driving while intoxicated; charges that are commonly referred to by the acronyms of DUI and DWI. A drunk driving conviction in Missouri or Illinois affects a person in a number of negative ways including:

    1. Alcohol assessment and treatment
    2. Community service and probation
    3. Criminal record
    4. Fines and court costs
    5. Increased insurance rates
    6. Mandatory jail or prison sentence
    7. Suspension or loss of driver license
    8. Vehicle immobilization or forfeiture
15. Anthony Ramirez: Missouri passed the "Implied Consent" law in 1964. Anyone who operates a motor vehicle in Missouri consents to giving a blood, breath, saliva or urine sample to determine the alcohol content of their blood (by virtue of driving the vehicle) if, upon reasonable grounds, the police believe the driver is operating the motor vehicle while intoxicated or in a drugged condition. Under the law, the suspect may be required to take two tests.
16. Humphrey, Siegler & Hale: Being charged with such activity can affect your insurance rates, your right to drive, and your ability to earn a living. It is important that you preserve your rights while protecting your reputation, regardless of the offense.
17. Marks Law Firm: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
18. Van Dillen & Flood: It is important that you preserve your rights while protecting your reputation, regardless of the seriousness of the offense.
19. R. L. Sullivan: When you are charged with a DWI, the stakes are high: you license is at risk, your livelihood may be threatened, your reputation is at stake, and a jail sentence is a possibility - even for a first offense.
20. Hogan Law Firm: In recent years, most states including Missouri have taken a tough stand against drunk driving. These cases are treated as serious criminal matters. This is particularly true with repeat offenders. Courts have been imposing increasingly serious punishment on drunk drivers and the trend appears to be moving toward imposing even more serious punishments. To make it more difficult for drivers suspected of driving while intoxicated to evade police, Missouri requires all drivers to submit to breath tests as a condition of retaining their driving privileges. Failure to submit to a breath test, even if the driver can prove he or she was completely sober, is automatic grounds for suspension. This is true even if the driver is never charged with drunk driving. Because driving is considered a privilege and not a right, a driver who chooses to decline a breath test on the grounds of the Fifth Amendment protection against self-incrimination may save him or herself from a driving while intoxicated charge, but will be suspended in the process.