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- Address: 4834 Osage Beach Parkway, Suite 102, Osage Beach, MO 65065
- Phone:+ 573-302-0897
- Email: info@markwebblaw.com
Driving While Intoxicated
General Information
Driving While Intoxicated cases regularly raise some of the most hotly-contested issues in Missouri law. They nearly always involve specialized field sobriety and scientific evidence testing. Law enforcement officers are burdened with executing very specific and complicated techniques to estimate a driver’s level of impairment before making a decision whether or not to issue a citation for Driving While Intoxicated. Officers are often improperly or inadequately trained in the area of DWI detection. The investigative stage of a DWI is unique among traffic stops and contesting the evidence collected by law enforcement is often rewarded. Don’t sell yourself short – If you’ve been accused of Driving While Intoxicated, you owe it to yourself to speak with us about an aggressive defense!
Before We Go Any Further...
Disclaimer
None of the information on this page should be construed as legal advice. It is meant for general informational purposes only. Do not rely solely on the information on this site for your individual legal needs. Contact us directly for a free consultation!
Explaining DWI Defense in Missouri
In Missouri, drivers are subject to penalties in two distinct ways when accused of driving while intoxicated. When a driver is arrested for DWI, he or she is typically issued (1) a ticket, which serves as a summons to appear in a criminal or traffic court, and (2) a notice of license suspension from the Department of Revenue (DOR). This distinction from other traffic stops splits a proper DWI defense into two separate cases (we like to think of them as running parallel to one another). The first is the criminal case, in which the accused answers to the criminal charge (ticket) in a criminal court. The second is the DOR (license suspension) review and/or appeal through administrative process and civil appeal. The information below is split into two columns (criminal on left, DOR suspension on right) to help you better understand both cases and how we typically defend them.
The Criminal Side of DWI
The first side of a DWI defense is the citation and potential punishment if criminal responsibility must be taken. There are a wide range of DWI charges and enhancements, so punishments vary accordingly. DWI charges in Missouri can be municipal infractions, misdemeanors, or felony offenses. Defense strategies should match the severity of the potential punishment and the acceptable risk for the defendant. For example, a first offense municipal DWI can often be defended without the likelihood of facing jail time, while a third offense (or more) felony DWI can potentially land a defendant in the Department of Corrections. We tailor our defenses to the needs of the individual were defending. Having tried DWI cases to both judges and juries, we have the knowledge and experience to take on anything from a bump in the road to the threat of a life-changing outcome.
DOR: The License Suspension
The license suspension ramifications that come with DWI stops are often the more confusing of the two sides of DWI defense. During a DWI investigation, drivers are usually asked to provide a sample of their breath or blood if an officer believes them to be impaired. The decision made by the driver can alter the potential license suspension dramatically. Missouri has an implied consent law, which means that the Department of Revenue can suspend a driver’s license for either of two outcomes following a request for a sample: (1) a sample of 0.08% or more of ethanol in blood by weight, or (2) a refusal to provide a sample. In a typical DWI stop, one of these two outcomes is almost certain. You can have as few as fifteen days from the date of notice to file for an administrative hearing. If you don’t, your license can be suspended without hearing. If you’re facing a license suspension, you should seek counsel as soon as possible to discuss your options.
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