St. Louis DWI Lawyer
You ONLY Have 15 DAYS to Request A DMV Hearing
Your License Will Be AUTOMATICALLY Suspended If You Don't. You NEED to Act Fast.
DWI charges can have a lasting impact on your life and your future. Without an experienced DWI lawyer on your team, these charges can leave you struggling with a financial burden, criminal record, employment challenges, hurt relationships, and even possible jail time. Regardless if this is your first offense or if you have been charged with DWI in the past, you need a St. Louis DWI Attorney in your corner to help fight for your rights.
If you have been charged in St. Louis with driving while intoxicated (DWI) or any other criminal charge, Attorney W. Scott Rose is here to help protect your future. With more than 20 years of experience practicing law, and a practice that is limited to DWI and Criminal Defense, we will be able to give you the best possible chance at a favorable outcome in your case. Schedule a free consultation today to start working on your case.
What happens if I get charged
with DWI in St. Louis Missouri?
Drunk driving is a serious offense and the laws in Missouri are understandably strict in order to protect people on the roads. If an officer pulls you over for suspicion of driving while intoxicated, they will then likely issue a breathalyzer. Since Missouri has an “implied consent” law, if you choose not to take the breathalyzer, you will be issued a refusal, which has its own set of penalties.
If you take the breathalyzer test that the law enforcement officer issues and you produce a blood alcohol content (BAC) over the legal limit, which is .08%, you will be charged with a DWI (you can even be charged if your BAC is less than .08%, if your driving is impaired by alcohol). After being charged with a DWI in St. Louis, you only have 15 days before your license is automatically suspended, so you need to act FAST. Reach out to a St. Louis DWI lawyer for a free case analysis.
What Are the Penalties for DWI in St. Louis, Missouri?
If you are convicted of DWI, the penalties will depend on whether this was your first DWI offense. Possible penalties include:
- 1st DWI – Jail time up to 6 months, fines up to $1,000, 90-day license suspension
- 2nd DWI – Jail time up to one year, fines up to $2,000, possible ignition interlock device requirement, mandatory community service
- 3rd (or subsequent) DWI – Class E felony, jail time up to 4 years, fines up to $10,000, 10 -year license suspension, possible ignition interlock device requirement, mandatory community service, a mandatory minimum of at least 30 days in jail.
How Will a St. Louis DWI Lawyer Defend My Charge?
There are many defense strategies that can help with reducing sentencing or getting your charge dismissed altogether. By consulting with a trusted DWI lawyer in St. Louis, you’ll get a full analysis of your case to determine the best course of action. By picking out the weaknesses in the prosecution’s case, your DWI defense attorney can put up a good fight in court. Here are a few possible defenses for DWI in St. Louis:
- Illegal stop – if an officer pulled you over without reasonable cause
- Inaccuracy of alcohol testing caused by a malfunction in the equipment
- The field sobriety test did not accurately measure impairment
- Failure to follow proper procedures with blood collection and testing
YOU ONLY HAVE 15 DAYS FROM THE DATE OF YOUR ARREST TO STOP THE SUSPENSION OF YOUR DRIVER’S LICENSE
In DWI cases in Missouri, if you took a breathalyzer test and blew .08 or higher, you have only 15 days from the date of your arrest before your driver‘s license is automatically suspended. The suspension could be 90 days, one year, or more, depending on whether you have prior DWI charges or convictions. The arresting officer most likely took your driver‘s license and issued you a “15-day driving privilege,” but after the 15 days, you will no longer be able to drive unless you take immediate action. Therefore, if you have been arrested for DWI, it is crucial that you hire an experienced St. Louis DWI lawyer immediately in order to stop the suspension of your driver‘s license.
If you refused to take the breathalyzer test, the arresting officer probably informed you that you were in violation of Missouri‘s “Implied Consent Law” and issued you a “refusal”. You have only 15 days before your driver‘s license will be revoked for an entire year. An experienced lawyer can file a petition in Circuit Court to stop the suspension of your driver‘s license, but the deadline for filing such a petition is 30 days after your arrest. Do not delay – contact a St. Louis DWI lawyer at Rose Legal Services as soon as possible after your DWI arrest to discuss your rights and options.
Frequently Asked Questions
DUI stands for “driving under the influence” and DWI stands for “driving while impaired.” In the state of Missouri, there is no real difference between the two offenses, and the terms can be used interchangeably. To be charged with a DWI in St. Louis means that a driver was found to be operating a motor vehicle with a blood alcohol content (BAC) that exceeds 0.08%. A DWI can also be given to drivers below the legal drinking age whose BAC exceeds 0.02%.
A DWI is a very serious charge that can have lasting implications. Even if you’re a first-time offender, you could be facing jail time, heavy fines, and a suspension of your driver’s license. Like other areas of the law, DWI hearings can get very complicated and often come down to evidential and procedural technicalities. Representing yourself in court could mean jeopardizing your future career prospects and your ability to drive again.
By hiring an experienced St. Louis DWI lawyer, you’ll have the benefit of a legal expert who is committed to getting the best possible outcome for you.
If your driver’s license has been suspended, a St. Louis DWI lawyer can assist with getting your driving privileges back. There are several requirements and documents to be filed in support of your application for license reinstatement in Missouri. With over 20 years of legal experience, criminal defense attorney W. Scott Rose is dedicated to helping you get back on track after a DWI conviction.
Generally speaking, in the state of Missouri, you can be charged with a DWI if your blood alcohol content (BAC) is 0.08% or higher. This is the same threshold found in the laws of all states, except Utah. a BAC of 0.08% means that there are 0.08 grams of alcohol for 100ml of blood.
Some categories of persons are held to stricter standards. For individuals below the legal drinking age of 21, there is a zero-tolerance policy, so even trace amounts of alcohol can lead to your license being suspended. Commercial drivers in St. Louis can be charged with a DWI with a BAC of 0.04% or higher.
If you have been pulled over for a DWI in the state of Missouri, you have a right to refuse a Breathalyzer test. However, you should know that there may be serious implications for doing so. If you refuse, you may lose your license and face other penalties. But if you provide a sample, you could be giving the prosecution all the evidence they need to secure your conviction. On the other hand, if you do take the test and your BAC is below the legal limit, you’ll likely be sent home without an arrest.
Since there is no foolproof method of predicting your BAC, it can be difficult to decide whether or not you will take the test. Police are required to allow you to contact and speak to an attorney confidentially before deciding whether to provide a breath or blood sample. Before you blow, pick up the phone and speak to a St. Louis DWI lawyer. Always remember that if you are arrested, you have the right to remain silent.
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.