ST. LOUIS DWI ATTORNEYS

There are a variety of circumstances that can elevate the penalties you face. DWIs in which a child is present or in which an accident is involved can pose heightened penalties. If a DWI or DUI results in the injury or death of another, life-altering penalties should make working with skilled representation your first priority.

License Penalties 

The state of Missouri has established some of the most severe DWI license repercussions in the nation. All matters relating to the suspension or revocation of your driver's license are handled during an administrative process that is separate from your criminal case. Additionally, you must request an administrative hearing with the Missouri Department of Revenue (DOR) within 15 days of your arrest in order to have the opportunity to preserve your driving privileges.

The administrative process can be daunting and complex. Having skilled representation to navigate this process is crucial, as these hearings often determine whether you can maintain your driving privileges while awaiting the resolution of your criminal case. We prepare meticulously for these hearings, challenging any inconsistencies or gaps in the proceedings to protect your rights and future behind the wheel.

Short-Term & Long-Term Consequences 

DWI allegations of any type also pose several social repercussions. Aside from criminal penalties handed down by the court, a DWI on your criminal record can warrant unfavorable setbacks and judgment. A DWI charge may place people at risk of losing their jobs or finding transportation to school or work. It can be seen by those who conduct background checks, including prospective employers, landlords, and/or colleges. Higher auto insurance payments and ignition interlock devices (IIDs) also pose ongoing costs to convicted offenders and can severely threaten one's financial future. Although penalties do vary, they certainly have the potential to impact your personal well-being and future in profound ways.

The ramifications of a DWI conviction extend far beyond the courtroom. Society often views these offenses with stigma, affecting personal relationships and community status. Our firm assists clients in understanding and preparing for these societal impacts. We offer advice on managing these consequences and work with clients to minimize damage to their reputation and livelihood. By doing so, we aim to provide a holistic approach to defense that considers not just legal outcomes, but overall life quality post-case resolution.

Refusing a Breath or Blood Test

The State of Missouri has developed a law regarding the refusal of a chemical test (blood or breath). For those who have been charged with DWI, being aware of this law is vital to helping you protect your driving privileges.

Under Missouri law, chemical tests are mandatory. Anyone who refuses to take an alcohol or drug test during a DWI stop will have their driver's license suspended for one year. These one-year suspensions are strict, and there are generally no exceptions.

If you or your loved one refused a chemical test, it does not mean that you are guilty, and it certainly does not mean that your charges cannot be beaten. By allowing our legal team to investigate all of the circumstances surrounding your arrest, we can work toward determining whether proper protocol was followed by law enforcement officers and toward challenging the prosecution's case.

Frequently Asked Questions About DWI & DUI in St. Louis

What Are the BAC Limits & Legal Consequences in Missouri?

In Missouri, the legal blood alcohol concentration (BAC) limit is 0.08% for most drivers. However, commercial drivers face stricter regulations at a limit of 0.04%, and for underage drivers, the threshold is 0.02%. Exceeding these limits constitutes legal impairment and subjects individuals to arrest and prosecution. Penalties vary depending on the offender's BAC level and the number of prior offenses. These can range from fines and license suspension to potential jail time and mandatory alcohol education programs. Understanding these thresholds is crucial for residents, as Missouri's tough stance on impaired driving means any violation can lead to substantial penalties and a lasting impact on one’s record.

Can A DWI Conviction Be Expunged from My Record in Missouri?

Yes, Missouri allows for the expungement of DWI convictions under certain criteria. Expungement is the process of legally clearing a conviction from your record, making it inaccessible to public view. To be eligible, the conviction must be a first-time offense, and at least ten years must have passed since completing all sentence conditions, including probation and fines. Furthermore, you must not have been charged with any other alcohol-related offenses during this period. The expungement process requires filing a petition with the court, and while it can be complex, the benefits of having a clean record can ease professional and personal burdens significantly.

How Does Missouri’s Implied Consent Law Affect My DWI Case?

Missouri's implied consent law is critical in DWI cases. It mandates that drivers automatically consent to chemical tests (breath, blood, or urine) when suspected of driving while intoxicated. Refusal to comply with these tests results in automatic license suspension, even if you are not ultimately convicted of a DWI. This suspension is generally for one year and takes place regardless of the outcome of your court case. Handling a situation involving implied consent requires strategic legal guidance to contest the enforcement of this law and its implications on your driving and legal records.

Are There Enhanced Penalties for DWIs Involving Accidents in St. Louis?

Yes, in Missouri, DWIs that involve accidents, especially those resulting in injury or death, incur enhanced penalties. These situations often escalate charges from misdemeanors to felonies and can result in substantial prison time, extensive fines, and long-term license revocation. The state takes these incidents particularly seriously, given the potential harm to individuals and the community. Navigating these complex legal landscapes requires experienced legal advocacy to potentially mitigate the charges or penalties, especially in cases where contributing factors or third-party fault can be demonstrated.

What Should I Do If I’m Pulled Over for Suspected DWI in St. Louis?

If you are pulled over in St. Louis on suspicion of DWI, it is important to remain calm and courteous. Provide the necessary documents such as your driver’s license, proof of insurance, and vehicle registration. Be aware that you are not obligated to answer questions regarding alcohol consumption without legal counsel present. Moreover, while Missouri's implied consent law requires mandatory chemical testing, field sobriety tests are not compulsory, and you have the right to refuse them. Contact The Hammer Law Firm, LLC immediately to receive advice tailored to your situation, ensuring your rights are protected from the first moment of interaction with law enforcement.

Contact a St. Louis DWI Lawyer Today

As time allows our criminal defense team to strengthen your case and because you only have 15 days to request a DOR hearing, acting fast and taking preemptive measures to find the help you need is vital to protecting your future. Allow our lawyers to provide you with a free case evaluation, so that you can learn more about the specific charges you face and what our firm can do to help. 

We are here to answer your questions, alleviate your concerns, and provide you with the experienced representation you need. Contact The Hammer Law Firm, LLC today at (314) 334-3807.

Recommended Reading

• Can I Get a DWI For Marijuana?
• When is a DWI a Felony in Missouri?
• Multiple DWI Offenses and Enhanced Penalties