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1. Tuteur & Associates: Missouri DWI Administrative Law Blow over the Legal Limit? Refuse to Blow? Administrative Sanctions: Driver license suspension and revocation; SATOP and SR-22. Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or DUI (Driving under the Influence), a person arrested in Missouri for DWI or DUI also may be processed administratively by the Missouri Department of Revenue Driver License Bureau. A person arrested for driving with a blood alcohol content of .08% or higher is subject to the imposition of administrative sanctions in addition to criminal penalties. Minors arrested or stopped with .020% or more blood alcohol content also are subject to administrative sanctions (¤302.500-¤302.540). For more information, visit our Administrative Alcohol Arrests page. Suspension. Revocation. Administrative sanctions for driving while intoxicated include the suspension and revocation of driving privileges. Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable cause to believe that the driver's blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors or any other driver regardless of age who broke a traffic law (¤302.505). If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final. Blew over the limit. If you blew over the legal limit (.08% for adults, .02% for minors), time is of the essence. You need a talk to a Missouri DWI lawyer now to preserve your rights. For more information, visit our Missouri DWI Administrative Alcohol Arrest Information page. Refused to blow. If you refused to blow, your license automatically will be revoked if you don't act quickly. You need a talk to a Missouri DWI lawyer now to preserve your rights. For more information, visit our Missouri Chemical Test Refusal page. Points for DWI. Point system--assessment for violation--assessment of points. RSMo ¤302.302. Eight (8) points is assessed against a personÕs Driver License for a first conviction for excessive blood alcohol content (BAC), driving while intoxicated (DWI), or for driving under the influence of drugs (DUI) (¤302.302.8). The second and all subsequent convictions for DWI, DUI or BAC result in twelve (12) points being assessed (¤302.302.9). Reinstatement. For a driver's license to be reinstated, Department of Revenue rules requires a driver whose license has been suspended or revoked to do the follow three (3) things: * Complete an approved SATOP (State Alcohol Traffic Offenders Program) * File a Form SR-22 with the Department of Revenue (proof of insurance filed by your insurance agent/company), and pay a fee to have his or her license reinstated once the suspension or revocation period has passed and the driver is eligible for reinstatement. * Pay a reinstatement fee to the Department of Revenue For more information, visit our Missouri DWI Administrative Alcohol Arrest Information page and our Missouri Chemical Test Refusal page. Field Sobriety Testing The NHTSA standardized field sobriety testing (SFST) battery. There are three (3) field sobriety tests that make up the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing (SFST) battery: * Horizontal Gaze Nystagmus Test (HGN) * Walk-and-Turn Test (WAT) * One-Leg-Stand Test (OLS) Visit our Standardized Field Sobriety Testing page to learn more. Breath Alcohol Testing Missouri's implied consent law requires a driver to submit to a chemical breath alcohol test when arrested for DWI. Missouri Law provides that any person who operates a motor vehicle in Missouri is deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood. Visit our Breath Alcohol Testing page to learn more about the Intoxilyzer 5000 and DataMaster breath alcohol testing machines and other issues relating to the law and science of breath alcohol testing in Missouri. What amount of alcohol consumption relates to what level of blood alcohol content? Visit our Alcohol Impairment Charts page to find out. Refuse to submit to breath alcohol testing? Visit our Chemical Test Refusal page to learn about what happens if you "refused to blow" and did not submit to a breath alcohol test after being arrested for DUI / DWI. SATOP Substance Abuse Traffic Offender Program Missouri law requires that when a person's license has been suspended or revoked by the Department of Revenue for DWI or DUI, the person must participate in and successfully complete a Substance Abuse Traffic Offender Program (SATOP). Visit our SATOP Screening and Programs page for information about the program including detailed descriptions of the screening process and the six (6) SATOP program levels. Our SATOP page also has a link to our SATOP Offender Management Unit page which contains a complete listing of every SATOP provider in the State of Missouri (alphabetized by County and City) with direct links to many. MIP Missouri's Minor in Possession (MIP) "Possession by Consumption" Missouri's Minor in Possession (MIP) "possession by consumption" law (HCS SS SB 402) became effective on August 28, 2005. Missouri's MIP "possession by consumption" law expands the old MIP law's definition of "possession" to include "possession by consumption" and being "visibly intoxicated." (HCS SS SB 402 summary / HCS SS SB 402 full text) Missouri's MIP "possession by consumption" law provides that minors (16-20 years old) who plead guilty to or are convicted of MIP shall lose their driving privileges as follows: * 30-days driver license suspension on 1st offense MIP * 90-day driver license suspension on 2nd offense MIP * one-year driver license revocation on 3rd MIP or any subsequent offense.
2. Lore, Paul: Traffic Cases and DUI / DWI Charges * Traffic Tickets * Speeding Tickets * DUI / DWI Charges * Driving with a Revoked or Suspended License * Careless Driving * Reckless Driving * Moving Violations DUI Charges DUI charges Ð i.e., drunk driving or driving under the influence of alcohol or drugs Ð carry serious ramifications that can affect your driving privileges and insurance for years, depending upon the outcome of the case. If stopped while driving under the influence, one should exercise his or her right to consult an attorney before submitting to a breathalyzer test. Once charged with a DUI, the driver may face potential negative results such as: * Jail Time and / or Probation * Loss of Driving Privileges Ð Suspension or Revocation * Higher Insurance Costs * Attorneys' Fees Ð I Strive to Keep Fees Reasonable Driving with a Revoked or Suspended License Driving while suspended can result in jail time, fines or both. It can also result in the state extending the duration of your suspension or revocation of your driving privileges. Depending on the case, this charge may be amended, particularly if you can obtain reinstatement of your license before the case is called to trial. Hence, the timing of your case for trial (as opposed to the actual charge) can be crucial. Wills & Trusts * Simple Wills * Wills for Parents with Minor Children * Powers of Attorney * Medical Powers of Attorney * Trusts * Revocable Living Trusts * Avoid Probate * Estate Through Probate Court
3. Ward, Carl: 1. What do police officers look for when searching for drunk drivers on the highways? The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration: * (1) Turning with a wide radius * (2) Straddling center of lane marker * (3) "Appearing to be drunk" * (4) Almost striking object or vehicle * (5) Weaving * (6) Driving on other than designated highway * (7) Swerving * (8) Speed more than 10 mph below limit * (9) Stopping without cause in traffic lane * (10) Following too closely * (11) Drifting * (12) Tires on center or lane marker * (13) Braking erratically * (14) Driving into opposing or crossing traffic * (15) Signalling inconsistent with driving actions * (16) Slow response to traffic signals * (17) Stopping inappropriately (other than in lane) * (18) Turning abruptly or illegally * (19) Accelerating or decelerating rapidly * (20) Headlights off Speeding, incidentally, is not a symptom of DWI; because of quicker judgment and reflexes, it may indicate sobriety. Back to the top 2. If I'm stopped by a police officer and he asks me if I've been drinking, what should I say? You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, admitting that you had one or two beers is not incriminating: it is not sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath. Back to the top 3. Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test? No. However, you are not required by Missouri law to submit to field sobriety exercises. A polite "I would like to consult with an attorney before agreeing to take any field test" is a good answer. Back to the top 4. What is the officer looking for during the initial detention at the scene? The traditional symptoms of intoxication taught at the police academies are: * (1) Flushed face * (2) Red, watery, glassy and/or bloodshot eyes * (3) Odor of alcohol on breath * (4) Slurred speech * (5) Fumbling with wallet trying to get license * (6) Failure to comprehend the officer's questions * (7) Staggering when exiting vehicle * (8) Swaying/instability on feet * (9) Leaning on car for support * (10) Combative, argumentative, jovial or other "inappropriate" attitude * (11) Soiled, rumpled, disorderly clothing * (12) Stumbling while walking * (13) Disorientation as to time and place * (14) Inability to follow directions Back to the top 5. Why did the officer make me follow a penlight with my eyes to the left and right? This is the "horizontal gaze nystagmus" test, a relatively recent development in DWI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This field sobriety test has proven to be subject to a number of different problems, not the least of which is the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset. Because of this, and the fact that the test is not accepted by the medical community, it is not admissible as evidence in many states; it continues, however, to be widely used by law enforcement, and is admissible evidence in Missouri. Back to the top 6. Should I agree to take a chemical test? What happens if I don't? The consequences of refusing to submit to a blood, breath or urine test varies according to the state. Generally, there are two adverse results: (1) Your driver's license will be revoked for one year. This may be true even if you are found not guilty of the DWI charge. (2) The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal. Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing. You should request the opportunity to consult with a lawyer before making this decision. In Missouri, you must be allowed 20 minutes to call an attorney. Back to the top 7. Do I have a choice of chemical tests? No. Back to the top 8. The officer never gave me a "Miranda" warning: Can I get my case dismissed? No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, he does not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can affect the suspension of your license. Back to the top 9. Can I represent myself? What can a lawyer do for me? You can represent yourself -- although it is not a good idea. "Drunk driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. What can a lawyer do? Nothing (or worse) if he is not qualified in this highly specialized field -- no more than a family doctor could help with brain surgery. A qualified attorney, however, can review the case for defects, suppress unlawfully obtained or inadmissible evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc. Back to the top 10. How can I find a qualified drunk driving lawyer? The best way to find a good DUI/DWI lawyer is by reputation. There are a few attorneys who have national reputations; they, of course, are expensive. Thus, the best approach is to ask other attorneys in the jurisdiction: Who is the best in the area? If you do not know any attorneys, go to the local courthouse and ask bailiffs, clerks and public defenders: Who would THEY go to if arrested for drunk driving? Contrary to popular belief, it is not a wise idea to obtain a referral from the local Bar association or referral service. There are rarely any qualifications required for an attorney to be on a referral list; he usually only has to ask to be placed on it. When you call, you are simply given the next name on that list. An excellent indication of quality and experience is membership in the National College for DUI Defense. Completion of that organization's intensive three-day annual summer seminar at Harvard Law School, Atlanta, Georgia, (Executive Director: Adriana Cameron, (404) 853-5080), is another clear sign of expertise. When you meet with the attorney, make sure of three things: * (1) He has extensive experience in DUI/DWI litigation; * (2) He has a reputation for going to trial in appropriate cases, rather than just "copping out" his clients; and * (3) The financial terms of representation are clear. Back to the top 11. What will it cost to get a lawyer? This varies, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally, the more skilled the attorney and the larger the city, the higher the fee. A related factor is the amount of time a lawyer devotes to his cases: the better lawyers take fewer clients, spending more hours on each. The range of fees is huge. A general practitioner in a small community may charge only $300; a DUI specialist with a national reputation may charge up to $15,000 or more, depending on the facts. In addition, the fee may vary by such other factors as: * (1) Is the offense a misdemeanor or felony? * (2) The fee may or may not include trial or appeals. * (3) Administrative license suspension procedures may also be extra. * (4) The lawyer may charge a comprehensive fixed fee, or he may ask for a retainer in advance -- to be applied against hourly charges. * (5) Costs such as expert witness fees, independent blood analysis, service of subpoenas, etc., may be extra. Whatever the fee quoted, you can ask for a written agreement. And make sure you understand all the terms. Back to the top 12. What is a "rising BAC defense"? It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested. Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .12%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .08%. In other words, the test result shows a blood-alcohol concentration above the legal limit -- but his actual BAC AT THE TIME OF DRIVING was below. Back to the top 13. What is "mouth alcohol"? "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings. Back to the top 14. What defenses are there in a DWI case? Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: (1) Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to his being the driver of the vehicle. (2) Probable cause. Evidence in a criminal case will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. (3) Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. (4) Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect admissibility of the test results -- as well as the license suspension imposed by the motor vehicle department. (5) "Under the influence". The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Also, witnesses can testify that you appeared to be sober. (6) Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist. (7) Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results. (8) Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving. Again, a number of complex physiological problems are involved here. (9) Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc. (10) License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's Department of Revenue.