Missouri First-Offense Dwi Attorney
Have You Been Arrested or Charged for DWI?
If This is Your First DWI Offense In Missouri, Trust Rose Legal Services to Help Get Your Life Back On Track as Soon as Possible.
A momentary lapse in judgment can quickly turn into a life-changing event with the law. Getting pulled over by the police can be nerve-wracking, confusing, and intimidating, especially if it’s your first DWI offense in Missouri.
If you have been charged, you may be unsure about what happens next and how this may affect you. Sometimes with a first offense, we may be able to work out a disposition that keeps the charges off your public criminal record, but it all depends on the events that led to the arrest and the people handling your case. There’s no guarantee that you will be given lighter sentencing.
Even if the charges don’t sound severe at the time — It’s important to consider the future consequences of your charges and how they can be detrimental to your goals in life.
Fortunately, there ARE still options available to you. Our experienced DWI attorneys are eager to guide you through the complex legal process, from start to finish. We’ll advocate on your behalf to minimize the penalties, seek reduced charges, or take the case to trial if you choose. If your license is suspended, we will work diligently to get your driving privileges reinstated or help you obtain a limited or restricted driving privilege.
If this is your first DWI in Missouri, give yourself the knowledge and legal support you need. Work with a stellar legal team with extensive experience in handling various criminal defense cases, including DWI, drug crimes, and driver’s license reinstatements. Contact Rose Legal Services today to talk about your case — First offenders get a FREE consultation!
Here Is What You Can Expect From A First Offense DWI In Missouri:
Missouri First-Offense DWI Laws
Under Missouri law, it is a crime to operate a motor vehicle while in an intoxicated or drugged condition. A person is presumed to be in an intoxicated condition if such person’s blood-alcohol content is 0.08% or more by weight.
The vehicle doesn’t even have to be in motion. The law identifies that a driver is “operating a vehicle” based on the driver being able to physically take control of the vehicle. You can be charged for a DWI, even if you were sitting in your parked vehicle, especially if the engine was running, the radio was on, or even if you were just sitting in the driver’s seat with the keys in the ignition.
If you’ve been pulled over, the officer has a series of tests that can be conducted to assess your intoxication levels. One of the most common tests is a breathalyzer. This gives the officer a quick reading of your BAC levels— they are looking for an excessive blood alcohol concentration. In general, a BAC of .08% and up is considered excessive. However, that threshold is reduced to .04% if the driver is operating a commercial vehicle. Missouri’s underage DWI laws have a zero-tolerance for alcohol and consider a BAC of .02% and higher as beyond the legal limit.
A first-offense DWI in Missouri is often classified as a class B misdemeanor. Convicted drivers are typically facing a license suspension, fines, jail time, probation, or court-ordered treatment.
Missouri First-Offense DWI Penalties
The courts are sometimes more lenient towards first-offense DWI charges, but that’s not always the case. The criminal penalties should not be taken lightly:
Jail time – The maximum jail sentence for a first offense DWI is six months. However, a judge can decide to waive jail time and opt for two years of probation and court-ordered substance abuse treatment. During your probation, you may be required to use an ignition interlock device that’s used to test your BAC level before allowing you to drive your vehicle.
Under state law, drivers that have higher blood alcohol concentration (BAC) levels are subject to a mandatory minimum of 48 hours in jail if the BAC was .15% or more and a mandatory minimum of five days in jail if the BAC was above .2%.
Fines – The driver can be fined up to $1,000 for a first offense DWI in Missouri.
The classification of the offense and the penalties associated can be elevated when certain circumstances are present. For example, when another person is injured during the DWI offense, it could be charged as a felony.
If you’re facing charges for a first offense, hire an experienced DWI attorney to help minimize these penalties or get your charges dropped altogether.
Lookback Period For Missouri DWIs
Some states have what is called a “lookback period” for DWIs and DUIs. This means that only the convictions that happened within a certain number of years (the defined lookback period) will be considered when determining what is a first offense, and what is a repeat offense.
Missouri handles things a bit differently. For felony DWIs, all previous DWI convictions, regardless of how long ago they occurred, will count as a prior offense and can be used to upgrade charges and enhance penalties.
The one caveat to this is that in Missouri there is a specific offense regarding second DWIs. If someone is facing DWI charges and they have a previous DWI conviction the length of time that has passed does matter:
- If the second offense occurred more than 5 years after the first offense, then the defendant will be charged with a Class B misdemeanor, which is the same charge as a first offense DWI
- If the second offense occurred less than 5 years after the first offense, then the defendant may be charged with DWI — Prior Offender, which is a Class A misdemeanor and has steeper penalties
This is why it is so important to work with a DWI lawyer, even if it’s your first offense DWI in Missouri. Reach out to Rose Legal Services right away to discuss your case.
Reinstatement of Driving Privileges After A First-Time DWI
Your driving privileges are handled separately from your criminal charges in a DWI case. However, during your arrest, the officer will confiscate your license and issue you a temporary license that lasts for 15 days. Once the temporary license has expired, your license will be suspended.
If you submitted to a chemical test of your blood, breath, or urine, you only have 15 days from the date of your arrest to stop the suspension of your driver’s license.
The standard reinstatement time after a first DWI offense in Missouri is 90 days — However, if there are no prior offenses, you’ll have a 30-day suspension followed by a 60-day restricted driving privilege (RDP) if you obtain proof of insurance, commonly called an SR-22 form. Some drivers may be eligible for a 90-day restricted driving privilege if an approved ignition interlock device (IID) is installed.
The Substance Abuse Traffic Offenders Program (SATOP) must be completed after a DWI to reinstate driving privileges in Missouri.
If you need help getting your driver’s license back after a first offense DWI in Missouri book a Free Consultation with the attorneys at Rose Legal Services.
Find The Best St. Louis, Missouri First Offense DWI Attorney For You
Look for an attorney that takes your future as seriously as YOU DO. Experienced in a range of criminal defense cases, including stealing, property damage, and assault — Rose Legal Services will work hard to keep criminal charges off your permanent record. Let’s start your case off with a free consultation, take the time to thoroughly review and inspect your case, and prepare a solid representation.
St. Louis First-Offense Dwi Attorney
If you’ve been arrested for DWI in Missouri take action today. Rose Legal Services exclusively defends clients against criminal charges throughout the State of Missouri. With more than 20 years of experience, rest assured we will work tirelessly and aggressively to defend you in the court of law.
- Immediate & Effective Representation
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Hire a Missouri First-Offense DWI attorney as soon as possible to help secure your future. If you’ve made a mistake, we can help get you off the hook as fast as possible — Start planning your defense today with a free consultation.
Frequently Asked Questions
By law, the length of probation after a first-offense DWI in Missouri is 2 years. During your probation, there are standard terms that you must adhere to for things like complying with all laws, paying recoupment, and attending treatment classes (SATOP).
SCRAM (secure continuous remote alcohol monitoring) is a type of alcohol monitoring device, a bracelet, sometimes given to offenders on probation for DWI charges. A SCRAM bracelet can cost up to $100 and come with monthly monitoring fees of around $300.
The absolute fastest way is hiring an experienced attorney who knows the in’s and out’s of the Missouri criminal defense system. They can et you on the path to regaining your driving privileges as soon as possible.
The State accused me of 3 felonies that someone else committed. I hired Scott, and he got the charges dismissed!
Scott, have helped me throughout this whole process mentally. You are really amazing – I thank you so much for helping me!
Mr. Rose really helped me out with a difficult situation. He was great to work with and worked hard to get me a good outcome. I would definitely recommend him to others.