DWI With Marijuana Defense Lawyer in St. Louis
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This content has been written and edited by professional legal writers and individually reviewed and verified by Christopher Combs and Steven Waterkotte, attorneys who have over 40 combined years in the criminal defense industry.
DWI With Marijuana Defense Attorney in St Louis: Protect Your Rights
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DWI With Marijuana Lawyers in St. Louis
With efforts to decriminalize marijuana underway across the United States, many people are wondering about the knock-on effect the decriminalization--and indeed, legalization--of cannabis will have on other laws that are currently in place. Arguably the biggest law we get asked about at Combs Waterkotte in this regard is driving while intoxicated (also known as DWI) with marijuana as a determining factor.
Protect your future and driving privileges. Contact one of our DWI lawyers today at (314) 900-HELP.
While charges such as possession may be more relaxed as cannabis becomes more accepted nationwide, driving while intoxicated – even if you are in Missouri, where adult-use cannabis is fully legal, or you have a legal medical marijuana prescription – remains a serious offense.
The experienced DWI with marijuana lawyers at Combs Waterkotte are here to answer all your questions related to marijuana and DWI laws in St. Louis and throughout Missouri. If you have been pulled over recently for DWI with officers also suspecting that you had used marijuana, contact our experienced St. Louis, MO DWI law firm today for a free consultation about your case. We can help you answer the questions below and more.
Missouri imposes stringent penalties for driving while intoxicated only, but especially for DWI on marijuana or other drugs, reflecting a nationwide trend driven by advocacy groups like MADD. The possibility of real jail time on a conviction is a stark, unfortunate reality, even for a first-time DWI in St. Louis, MO.
We recognize the complexities of DWI marijuana cases, offering dedicated legal representation to safeguard your rights and future in St. Louis and throughout Missouri. Our commitment extends to exploring every legal avenue to eliminate or significantly mitigate DWI consequences. Our attorneys collaborate on a strategic plan of attack, presenting clear expectations after an initial, no-obligation consultation. Combs Waterkotte relentlessly pursues favorable outcomes for our clients, ensuring no stone is left unturned in your defense.
Combs Waterkotte has experienced DWI attorneys who are dedicated to fighting all kinds of DWI cases, including those that came about due to being high on cannabis. Our firm fights aggressively for all our clients to ensure their charges are minimized or outright dismissed.
Explore our criminal defense expertise in these various case types:
What Penalties Are There For Driving While High in St. Louis or Elsewhere in Missouri?
Even though cannabis is becoming decriminalized in many states, including Missouri where it is legal, driving under the influence of any substance is a serious criminal offense. While you may feel in total control of your faculties, the law penalizes all citizens the same way, regardless of how individuals feel while under the influence of marijuana. In Missouri, the DWI laws for being under the influence of cannabis are exactly the same as if you were pulled over for driving drunk.
The penalties are:
- First Offense: Class B misdemeanor
- Second Offense: Class A misdemeanor
- Third Offense Class D felony
- Fourth Offense: Class C felony
The sentencing includes:
- First Offense: 6 months in jail, 30-day license suspension
- Second Offense: 1 year in jail, fine of $5,000, license revoked for 3 years
- Third Offense: 4 years in prison, fine of $5,000, license revoked for 3 years
- Fourth Offense: 7 years in prison, fine of $5,000, license revoked for 3 years
Can You Still Get A DWI in Missouri If You Have Used Cannabis But Not Alcohol?
Yes. While DWI charges are often based on your BAC (blood alcohol concentration) at the time the arresting officer pulled you over, it is not the only way one can be charged with DWI. The “I” in “DWI” stands for “Intoxicated”, which includes being under the influence of alcohol, prescription drugs, controlled substances, or any combination of the above. Once you are buckled in and started to drive a car, it does not matter what substance you have used – all that matters is if you are or aren’t impaired.
Can I Refuse A Drug or Alcohol Test in St. Louis or Missouri?
No. Well, you technically can. However, when you operate a motor vehicle in St. Louis or elsewhere in Missouri, you automatically give the police or highway patrol your implied consent to submit to testing of your blood, breath, saliva, or urine to determine if you are under the influence of drugs or not. If you refuse, you will be found guilty of DUI via a summary judgment. In addition, you will automatically have your license suspended for a full year.
Does Missouri Do Sobriety Checkpoints?
Yes. Missouri officers can set up checkpoints on any road to test any and all drivers at random. If you see a checkpoint sign or set up, you cannot avoid it by, for instance, doing a U-turn. In many cases, officers are stationed behind the checkpoint and will follow drivers who attempt to escape it. They take this as probable cause for you being under the influence and thus will pull you over.
Officers can even set up “fake” checkpoint signs, such as on a highway before an off-ramp. These are used as bait for drivers: when they exit the freeway, police cars are stationed there to pull vehicles over who appear to be avoiding the checkpoint, even though in actuality one did not exist.
Can I Get A DWI I Got While High Expunged In Missouri?
No. While Missouri does allow for a first-offense DWI to be removed from one’s driving record after 10 years, at this time that option is only available to those whose intoxication was due to alcohol, not drugs. This may change, however, as cannabis has been legalized for recreational use.
What Should I Do If I Am Pulled Over While Intoxicated in St. Louis or Elsewhere in Missouri?
While it may go against your instincts to do so, you should comply with all the officer’s requests when you are pulled over on suspicion of driving while intoxicated. Show them your license and registration. If they ask you to undergo field sobriety tests, comply and stay calm. Do not admit to being under the influence of any substance unless they have solid proof that you are indeed intoxicated. If they arrest you, request to speak to a skilled Combs Waterkotte attorney right away.
Contact An Experienced DWI Attorney In St. Louis, MO Today
If you have been arrested for driving while intoxicated in Missouri and your intoxication was due to consuming cannabis, it is vital that you contact an experienced St. Louis, MO DWI criminal defense lawyer as soon as possible. Losing your license, even just for the minimum 30 days, can cause you serious difficulty and prevent you from earning a living. Your Combs Waterkotte DWI lawyer may be able to completely prevent your license from being suspended, so it is worth your time to speak to one.
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