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, damaged relationships, and even possible jail time.
hether this is your first offense or you have been charged with DWI before, you need a St. Louis DWI attorney in your corner who will protect your rights from the first day of your case.
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 25 years of experience practicing law, and a practice limited to DWI and criminal defense, we will be able to give you the best possible chance at a favorable outcome in your case.
Watch: St. Louis DWI Lawyer on Field Sobriety, Breath and Blood Tests
Schedule a free consultation today to start working on your case.
What happens if I get charged
with DWI in St. Louis Missouri?
What Happens if I Get Charged With DWI in St. Louis, Missouri?
Drunk driving is a serious offense, and Missouri’s laws are understandably strict to protect people on the roads. If an officer pulls you over for suspicion of driving while intoxicated, they will 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.
Suppose you take the breathalyzer test that the law enforcement officer issues and produce a blood alcohol content (BAC) over the legal limit of .08%. In that case, 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 must 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.
- First DWI conviction: Class B misdemeanor punishable by up to six months in jail and a fine of up to $1,000.
- Second DWI conviction (prior offender): If you have one prior intoxication-related traffic offense within five years, the charge is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $2,000. You cannot receive probation or parole until you serve at least 10 days in jail, unless the court allows 30 days of community service or completion of a DWI court or treatment program instead.
- Third DWI conviction (persistent offender): With two or more prior intoxication-related traffic offenses, the charge becomes a Class E felony punishable by up to four years in prison and a fine of up to $10,000, and you must serve at least 30 days before probation or parole eligibility.
Penalties climb even higher for aggravated, chronic, and habitual offenders. Learn more about a second DWI in Missouri and whether a third DWI is a felony. (§§ 577.010, 558.002, 558.011, RSMo)
How Will a St. Louis DWI Lawyer Defend My Charge?
Many defense strategies can help reduce sentencing or dismiss your charge altogether. By consulting a trusted DWI lawyer in St. Louis, you’ll get a complete case analysis to determine the best course of action. By finding the weaknesses in the prosecution’s case, your St. Louis DWI attorney can challenge the State’s evidence at every stage.
For a closer look, read How to Beat a DWI in Missouri and our guide to Missouri DWI blood and breath tests.
Here are a few possible defenses for DWI in St. Louis:
- Illegal stop (an officer pulled you over without reasonable cause)
- Inaccurate alcohol testing caused by a malfunction in the equipment
- Incorrect measurement of impairment in a field sobriety test
- Failure to follow proper procedures with blood collection and testing
If you’ve been charged with a DWI in St. Louis, you need experienced DWI lawyers who will take a strategic approach to your case.
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.” Still, after 15 days, you can only drive if you take immediate action. Therefore, if you have been arrested for DWI, you must hire an experienced St. Louis DWI lawyer immediately to stop the suspension of your driver’s license. If you refused the breathalyzer test, the arresting officer probably informed you that you violated Missouri’s “Implied Consent Law” and issued you a “refusal.” You have only 15 days before your driver’s license will be revoked for a 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 our St. Louis DWI attorneys at Rose Legal Services as soon as possible after your DWI arrest to discuss your rights and options.
FAQ: St. Louis DWIs
DUI stands for “driving under the influence,” and DWI stands for “driving while intoxicated.” Missouri law uses the term DWI, but people often use the two terms interchangeably.
In Missouri, you can be charged with DWI if you operate a vehicle while intoxicated by alcohol, drugs, or both (§ 577.010, RSMo), or with driving with excessive blood alcohol content if your BAC is 0.08% or higher (§ 577.012, RSMo). Drivers under 21 face a 0.02% limit.
A DWI is a very serious charge that can have lasting implications. Even if you’re a first-time offender, you could face jail time, heavy fines, and a suspension of your driver’s license.
Like other areas of the law, DWI hearings can get 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 benefit from a legal expert 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 supporting your application for license reinstatement in Missouri.
With over 25 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 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. There is a zero-tolerance policy for individuals below the legal drinking age of 21, 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 Missouri, you have a right to refuse a breathalyzer test. However, you should know that doing so may have serious implications.
If you refuse, you may lose your license and face other penalties. But if you provide a sample, you could give 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 must 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.