DUI attorney near me in O’Fallon, MO. Being arrested for driving under the influence in O’Fallon, MO is a serious matter. Whatever the circumstances, when you are criminally charged for driving drunk or high, a you need the best legal representation available to fight on your behalf and protect your future.
You deserve quality legal representation from an attorney who knows their way around DUI cases in O’Fallon and Missouri. Depending on the circumstances, an astute DUI attorney near O’Fallon, MO will make the best of your situation. They may be able to get the prosecutor to drop the charges, have the charges reduced to lesser offenses, fight the conviction in a trial or negotiate a lesser punishment through a plea bargain. Their principle responsibility is to use the law to your benefit and guide you through the entire legal process for your O’Fallon, MO DUI case. For razor-sharp representation after being accused of driving under the influence of drugs or alcohol, call Combs Waterkotte at (314) 900-HELP.
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What is a DUI in O’Fallon, MO?
Though people often refer to it as a DUI (which stands for driving under the influence, the offense is actually referred to a DWI (driving while intoxicated) in Missouri civil and criminal courts. Missouri Revised Statute §577.010 and §577.012 lay forth the definition of the crime of driving under the influence of alcohol or drugs and establishes the rules for sentencing and punishments for those convicted of a DWI for operating a vehicle with a BAC (blood alcohol content) over the legal limit or while otherwise intoxicated. After your Missouri DWI arrest, you deserve a DUI attorney near O’Fallon, MO to fight for your freedom and protect you from unfair treatment by Missouri courts.
A police officer may arrest someone for a DWI in Missouri for a long list of reasons. The law prohibits driving while intoxicated — not explicitly for driving under the influence of alcohol. While many DWI arrests in Missouri are done based on accusations of driving drunk, you can also be arrested for a DWI on suspicion of operating a vehicle while under the influence of another mind-altering drug.
The DWI law in Missouri criminalizes not only drinking and driving, but also driving while intoxicated by drugs that impair skills necessary to driving including motor skills, reaction time and decision making. That means that a police officer can arrest you if they suspect that you are impaired, including due to ingesting marijuana or even narcotics or pharmaceuticals like opiates.
If you were arrested for a DWI in Missouri, reach out to a DUI attorney near you right away. Chris Combs of Combs Waterkotte is a skilled O’Fallon-based DUI attorney near you. For a trustworthy DUI attorney near you, call (314) 900-HELP.
DUI Stops and Arrests in O’Fallon, MO
It is critical that you know your rights lest you are stopped for operating a vehicle while intoxicated. Speak to an experienced O’Fallon, MO DUI attorney near you with Combs Waterkotte at (314) 900-HELP to learn about your rights and what steps to take if you are ever stopped when operating a vehicle in Missouri. And if you were already subjected to a traffic stop and were arrested for intoxicated driving, our incredible O’Fallon, MO defense lawyers will fight for your freedom and justice.
Learn the rules and what to expect for Missouri traffic stops, sobriety tests and checkpoints.
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DUI Traffic Stops in O’Fallon, MO
A Missouri officer of the law must have reasonable suspicion that you are driving drunk in order to pull an individual over in O’Fallon, MO. In the case of a DWI, reasonable suspicion would be represented by behaviors like like drifting out of lane, driving on a road going in the wrong direction and other erratic driving behaviors such as inconsistencies in speed, swerving or stopping and going.
A police officer is not allowed to conduct a traffic stop unless they can identify reasonable suspicion that you are breaking the law by driving while intoxicated meet the more stringent burden of probable cause in order to actually arrest you for a DWI.
If you suspect that you were improperly stopped for or accused of your O’Fallon, MO DWI, contact a DUI attorney near you right away. If you were stopped by an officer without giving them reasonable suspicion, even if they then obtained evidence that you were driving under the influence, a DUI attorney near O’Fallon, MO will help get your case dismissed and put to rest so you can move forward in your life.
Sobriety Tests for DUIs in O’Fallon, MO
If a law officer stops you due to suspected intoxicated driving, they will want to obtain proof to show that you are intoxicated. When it comes to roadside tests used by O’Fallon, MO police officers to determine intoxication, there are two primary types they may utilize: field sobriety tests and chemical tests.
- Chemical Tests (ie. a breathalizer)
In O’Fallon, MO stops for drunk driving or driving under the influence, they often turn to chemical tests to collect evidence that the driver had ingested drugs or alcohol. There are a few different types of chemical tests using bodily samples from blood to breath to saliva to urine that check for the presence and concentration of various substances including alcohol.
Each state has its own laws and many, including Missouri have what is known as an implied consent law, via whichO’Fallon, MO and other Missouri drivers automatically agree to participate in chemical sobriety tests just by driving a vehicle. A smart DUI attorney near you will tell you that you can refuse to submit to a breathalyzer, but you can face legal consequences for the act of refusing the test. Still, you cannot be physically forced to produce a sample.
If you do take a breathalyzer test, consult an experienced O’Fallon, MO DUI attorney near you to discuss your defense and how they can help you. As your DUI attorney near O’Fallon, MO, Combs Waterkotte will obtain discovery documents and comb through them to examine if the breathalyzer or other test was performed legally and whether it should or should not be admissible in court.
- Field Sobriety Tests
Field tests during a DWI traffic stop are subjective tests that are designed to gauge whether you are impaired by asking the driver to perform motor tasks. The National Highway Traffic and Safety Administration has defined three standardized field tests that police officers can use to test drivers in O’Fallon, MO and throughout the United States.
- Walk and turn – walk heel to toe in a straight line for nine steps, turn around and repeat in the opposite direction
- One leg stand – lift one leg six inches above the ground and stand on the other leg for a period of time without losing balance
- Gaze tests – the officer holds an object and asks the driver to follow the object with their gaze as the officer moves the object
It is your right in Missouri to refuse to perform a field test. If you are stopped and asked to perform field sobriety tests, contact a DUI attorney near you in O’Fallon, MO immediately. If you have already completed a field test and have been arrested for a DUI in Missouri, your DUI attorney in O’Fallon, MO will build an insurmountable defense to your case or may even be able to suppress the field test evidence if they do not meet the rules of evidence in Missouri court.
St. Charles County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Charles County and Missouri.
Traffic Checkpoints in O’Fallon, MO
A checkpoint is a roadblock temporarily set up on a roadway to randomly check drivers for behaviors like driving under the influence. Federal law allows the use of DUI checkpoints by police departments, but they must meet certain standards. Missouri lawmakers have explored banning sobriety checkpoints, but they are currently still allowed by Missouri law.
Police departments in O’Fallon and around Missouri do not use checkpoints as heavily as they did in the past, but it is still wise to educate yourself on your rights and the rules checkpoints must follow. When it doubt, turn to a DUI attorney near you at (314) 900-HELP.
A lawful sobriety checkpoint is justified when the police can show it is closely related to public safety. A lawful DUI checkpoint is:
- announced to the public in advance
- organized by supervising law enforcement officers
- carried out in a way that is neutral to all drivers (i.e. randomly selected drivers)
- limited in time
- clearly associated with law enforcement
In addition, there must be a legitimate reason for carrying out the checkpoint related to public safety, such as an area where a higher-than-average rate of drunk driving-related accidents has occurred.
If you are going through a checkpoint in O’Fallon, MO, speak to a Combs Waterkotte DUI attorney near you at (314) 900-HELP. Our experienced O’Fallon, MO attorneys will tenaciously defend you and protect your rights in the court of law. Contact us online to review your situation with a kind and cunning DUI attorney near you today.
Through Combs Waterkotte, you have access to some of the best criminal defense services in the O’Fallon, MO area. A Combs Waterkotte DUI attorney near you will protect you against the court and provide you with an infallible defense when you have been charged with driving under the influence in O’Fallon or anywhere in Missouri. In addition, our top O’Fallon, MO defense lawyers can help you with a wide range of other case types, including:
Click below to learn more about the different DUI cases in Missouri and what the DUI attorneys near you with Combs Waterkotte near O’Fallon, MO can do to help you.
- DWI/DUI Lawyer in St. Louis
- CDL DWI Lawyer in St. Louis
- DWI Accident Lawyer in St. Louis
- First Offense DWI Lawyer in St. Louis
- Marijuana DWI Lawyer in St. Louis
- Second Offense DWI Lawyer in St. Louis
- DWI with Drugs Lawyer in St. Louis
- Felony DWI Lawyer in St. Louis
- Hit and Run DWI Lawyer in St. Louis
- Other Criminal Defense Cases
Work with a Top DUI Attorney Near Me in O’Fallon, MO | Combs Waterkotte
There is no time to waste. If you have been stopped or arrested for driving under the influence near O’Fallon, MO, find a DUI attorney near you whom you can trust. A Missouri DWI and similar charges are serious accusations that can carry significant consequences. When your freedom and future are at risk a Combs Waterkotte DUI attorney near you in O’Fallon, MO will protect you. Contact our O’Fallon, MO defense law firm now to consult a lawyer about your rights, your case and your future.
