A DWI/DUI arrest can be a frightened experience. Whether it’s your first offense or you have prior charges, understanding what the arrest means and what comes next are crucial to protecting your rights, your driver’s license, and your future. Combs Waterkotte, an award-winning DWI/DUI and criminal defense law firm based in St. Louis, is here to help. Call one of our skilled DWI/DUI lawyers immediately at (314) 900-HELP or reach out online to schedule a free, confidential consultation where you can discuss the specifics of your case and get expert legal guidance and advice on next steps.
Our DWI/DUI legal team has over 40 years of experience and has successfully handled more than 10,000 cases just like yours in St. Louis and across Missouri. Here’s what you need to know if you’ve recently been arrested for DWI/DUI.
DWI/DUI Laws in Missouri
Every year hundreds of thousands of people drive while intoxicated, and every year thousands of people get caught and charged with either DWI or DUI. The first DWI/DUI laws were passed over a hundred years ago, but up until the early 1980s drinking and driving was still considered a “minor” offense. But over the past 30-plus years, the DWI/DUI laws across the country and in Missouri have become much more stringent, and as a society, we view DWI/DUIs much more seriously. Most of this has been driven by groups like Mothers Against Drunk Driving, who have worked diligently to reduce the number of DWI/DUI related deaths over the years. Missouri has enacted several new DWI/DUI laws that cracked down on DWI/DUI offenders even more. Unfortunately, as these laws have been put in place many people have been caught in the crosshairs. You don’t have to look hard to find someone who has been arrested for drinking and driving. If it’s not you, it’s probably a family member or a friend.
Unfortunately getting a DWI/DUI is real and when you get one you have to face both criminal action and administrative action by the state. The criminal side deals with the state laws you broke, while the administrative side deals with your license. Let’s take a look at the implications on both sides of the DWI/DUI defense.
The Administrative Process
Driving is a privilege in Missouri and the state has the right to take that privilege away if rack up enough points on your license. Getting a DWI/DUI conviction is a sure fast way to see that happen. Under the law the state has the right to take away your driver’s license under the following conditions:
- A first-time conviction results in a 90-day suspension and you might be eligible for a restricted drivers’ license.
- A second-time conviction results in a one-year suspension and if that second conviction is within 5 years of the previous one then you could receive a 5-year license ban.
- If you are convicted of DWI three or more times you will receive a 10-year ban.
When you are arrested for DWI/DUI the arresting officer is obligated to do the following:
- Sends an Alcohol Influence Report form (AIR) to the DOR
- Sends a Missouri Uniform Complaint and Summons, or warrant, if applicable to the DOR
When the DOR receives this information they will send you the Notice of Suspension/Revocation of Driving Privilege (Form 2385). You have fifteen days from that notice to request a hearing. This is crucial and you should act quickly so that you don’t pass up the opportunity to get a hearing. Getting a Combs Waterkotte DWI/DUI defense attorney involved at this stage could mean the difference of you taking the bus for the next three months or having the use of your car.
Suspension vs Revocation
Under Missouri law, if you are a first-time offender you are probably eligible for the 90-day suspension, while those with a suspension or revocation within the past five years will face a one-year revocation. The big difference between the revocation and suspension is that you may be eligible for a restricted driving privilege under a suspension. That’s typically not available to those under a revocation.
To Blow or Not Blow?
The ongoing debate to blow or not to blow has been around since the police started using breathalyzers. Criminal defense lawyers have differing opinions as to whether you should blow or not blow. The fact is that it really depends on your circumstances. The Combs Waterkotte DWI/DUI legal team suggests that you refuse any field sobriety test, as well as any breath or blood test. While you could lose your license automatically for one year, the state then doesn’t have a strong case on the criminal side. Also, our lawyers will argue that law enforcement lacked probable cause to even pull you over. All the same procedural rules apply, so if you do decide to refuse you will be given 15 days to file a request for a hearing.
The Criminal Process
When you’re arrested for a DWI/DUI, you’re typically taken to jail and held until you sober up which is usually eight to ten hours. Upon your release you will be given copies of your tickets and told to show up in court on the date on the tickets. Depending on the municipality of your arrest, that date is likely three to five months away. Naturally, you think, “Well, I don’t have to worry about it right now.” Wrong! You need to act quickly right after your arrest to protect your license. Even though the criminal proceedings can take months (sometimes years), you should get an attorney right away.
The criminal process for DWI/DUI is highly dependent on your criminal and driving history. First-time DWI/DUI offenders are usually facing a Class B misdemeanor if convicted which can result in 6 months in jail and a $500 fine. Most DWI/DUI cases don’t go to trial however, and end up with a plea deal where they keep the DWI/DUI conviction of their record with an Suspended Imposition of Sentence (SIS). This requires that the defendant go on probation for a specific period of time and if they complete it successfully the conviction is dropped.
Second-time, third, and more DWI/DUI cases are tougher. The state in recent years has clamped down hard on DWI/DUI offenders, especially repeat offenders. It’s not uncommon for defendants with three or more DWI/DUI arrests or convictions to be facing prison time. Even if those previous DWI/DUIs were over five years ago, the state laws now consider those into the equation when evaluating a defendant.
Recently Arrested for a DWI/DUI? Call Combs Waterkotte Right Away
When you bring a DWI/DUI case to Combs Waterkotte we fight the battle on both fronts. Our knowledgeable DWI/DUI defense lawyers work to protect your license by representing you in your administrative hearing, and we can file petitions with the court for your restricted driving privileges. On the criminal side, our defense strategy is dependent upon your specific case circumstances. If this isn’t your first DWI/DUI, our goal is to make sure you avoid jail or prison time and any felony convictions on your record. If you’re a first-time offender we work to make sure that you get the best probation terms possible.
We’ve successfully defended hundreds of DWI/DUI cases across Missouri, in many if not all the jurisdictions. Knowing the people and the processes that govern those municipal courts is what makes us the ideal choice for those who are facing a DWI/DUI in Missouri. We tirelessly work to get you the best outcome possible. Call us now at (314) 900-HELP or contact us online for a free case review.
