If you have been arrested for a DWI in St. Louis Missouri, please contact the James law group at (636) 352-0885 or simply fill the form on on the right hand side of this screen to schedule a free consultation.

                   Charlie James
  James Law Group, LLC
 14 Richmond Center Court
   St. Peters, MO  63376

       (636) 352-0885

Receive Help from a DWI - DUI Attorney in Florissant, Missouri

In Florissant, Missouri, any driver caught operating a motor vehicle with a blood alcohol content (BAC) of .08 percent or greater will usually be charged with driving while drunk. This is commonly referred to as a 'per se' DUI or DWI charge. Note, though, that you can be arrested for DWI / DUI even if your BAC (blood alcohol content) is under the presumptive level of .08 percent. Missouri drunk driving cases are commonly referred to as driving while intoxicated (DWI). When drugs are involved, the cases are commonly referred to as driving under the influence (DUI).

If you have any questions about a DWI - DUI charge, or if you have been arrested for driving while intoxicated, contact Russell L. Powell at (816) 550-3695 for a quick and easy consultation.

You only have 15 (fifteen) days from the date of notice (usually arrest date) to file for an administrative hearing if you are charged with DWI / DUI. If you fail to file within the fifteen (15) days of the date of the notice of suspension, your driving privileges will generally be revoked for 30 (thirty) days if your BAC (blood alcohol content) was above .08 percent, or for 1 year (one year) if you refused to take a breath, blood, or urine test after being arrested for DWI. To get your questions answered, call DWI - DUI defense attorney RUSSELL L. POWELL at (816) 550-3695 for a professional and free consultation.

MISSOURI DEPT OF TRANSPORTATION - 2009 DWI PLAN:

The 2009 plan for the Missouri Department of Transportation includes hundreds of thousands of dollars worth of training and enforcement of DWI / DUI laws in the state. Some plans for 2009 include:

• Support local efforts to reduce drinking and driving - especially underage drinking - by providing technical assistance to develop programs such as DWI docudramas or Every 15 Minutes, loaning them collateral materials to enhance their efforts (fatal vision goggles,videos, community program guides), and providing speakers
• Provide training on detection and apprehension of impaired drivers (e.g., standardized field sobriety testing, sobriety checkpoint supervisor training, courtroom testimony, Drug Recognition Experts, and DWI crash investigation techniques)
• Support one additional DWI traffic unit with a local law enforcement agency
• Provide National Drug Court Institute training to DWI court teams from across the state
• Provide equipment and training to enhance the DWI Tracking System (DWITS)
• Continue expansion of DWI Courts throughout the state beyond the current five locations inSt. Charles, Lincoln, Jefferson, Buchanan and Greene Counties
• Seek ways to expedite processing of DWI offenders
• Improve the process of tracking DWI offenders who have been sanctioned to install ignitioninterlock devices

These plans include Florissant and cities throughout Missouri.

DRIVING PRIVILEGES SUSPENSION FOR DWI:

A criminal conviction of a first time DWI results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work (in the course of employment) or to alcohol treatment. There are no exemptions or hardships available during the first thirty (30) day period if you lose your administrative hearing. This suspension becomes a part of your driving record permanently if you do not win your appeal to the Circuit Court of the Missouri county where you were arrested. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 (eight) points being assessed against your Missouri driver's license.

DUI (DWI) - MISSOURI SUPREME COURT:

"I talked with you last year about the success of our drug courts and of the Greene County DWI court in making positive changes in the lives of participants and their families at a fraction of the cost of prison. These programs make our communities safer, because those who graduate from these courts are far less likely to reoffend than are those who are sent to prison." ~Laura Denvir Stith, chief justice of the Supreme Court of Missouri, delivered during the State of the Judiciary address Wednesday morning, Jan. 28, 2009, during a joint session of the General Assembly in Jefferson City, Mo.

FIRST OFFENSE FOR DWI

A first DWI - DUI conviction in Florissant, Missouri is a Class B misdemeanor with the following consequences:

• JAIL: You will face up to a maximum of six (6) months imprisonment.
• FINE: For a first DWI - DUI offense, you will pay up to $500. Court costs primarily range between $25 and $125.
• PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, commonly, the probation terms are no drinking and driving, do not break any federal, state or local law, complete the SATOP within 90 days. While some Courts require supervised probation, others do not. Also, some Courts require community service.

Contact Russell L. Powell at 816-550-3695 for a professional and free consultation to discuss the specifics of your DWI - DUI case and possible dispositions in further detail.

DWI - DUI - SECOND OFFENSE

Conviction of a second DUI or DWI within a five year period is a Class A misdemeanor.

• JAIL: Up to a maximum of one (1) year jail time.
• FINE: Up to $1,000.00, plus court costs of between $25.00 and $125.00.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second PPP within five (5) years will commonly result in a five (5) year revocation of your driving rights in Florissant. A hardship license may not be applied for until two (2) of the five (5) year revocation has been served, assuming that you are not otherwise ineligible. This revocation goes on the person's driving record. Twelve (12) points are also assessed against your driver's license regardless of when the first DWI - DUI conviction was received. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The installation and monthly maintenance charges of this device are incurred by the driver.

DUI (DWI) - USE AND LOSE IN MISSOURI

In Missouri, the term Use and Lose has been used to describe laws that result in actions against young people found to be drinking, purchasing, or in possession of alcoholic beverages. The law in Florissant calls for the suspension of driving privileges and rights of persons under 21 who plea or are found guilty of:

1. possession or use of a controlled substance;
2. alteration, modification, or misrepresentation of a license to operate a motor vehicle;
3. any alcohol related traffic offense;
4. possession or use of alcohol, committed while operating a motor vehicle; or
5. a second offense of possession or use of alcohol by persons under 18.

The suspension period for a first offense is 90 (ninety) days and 1 (one) year for subsequent offenses.

THIRD OFFENSE FOR DUI (DWI)

A third DWI (driving while intoxicated) or DUI (driving under the influence) conviction during the driver's lifetime is a Class D felony. It may result in a ten (10) year denial of the drive's driving privileges and rights if the driver has two prior alcohol related convictions on their driving record in Missouri.

• JAIL: Up to 4 (four) years in prison.
• FINE: Up to $5,000.00, plus court costs of which primarily range from $25.00 to $125.00.
• PROBATION: This varies greatly between jurisdictions, though, Missouri law does prohibit a suspended imposition of sentence for a felony DUI (DWI). The Court will generally not suspend execution of the sentence, unless as a condition of probation, the defendant is ordered to serve 10 days (ten days) shock time in jail or 60 days (sixty days) of community service.
• REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DUI (DWI), the defendant's license to drive is revoked for 10 years regardless of when the two prior DUI (DWI) convictions were received. The ten (10) year revocation or denial will be placed on your driving record in Missouri, and, under the current law, will remain there forever. If you are convicted of a felony DUI (DWI), you are not eligible for a hardship license.

FOURTH OFFENSE DWI

A fourth DWI / DUI arrest during a driver's lifetime will be charged as a Class C felony, and if convicted, the driver will be classified as an "aggravated offender". Additionally, similar to a third conviction, a minimum 10-year denial of driving privileges will be assessed on the driver's record.

• JAIL - Up to seven (7) years in prison.
• FINE - Up to $5,000.00, plus court costs of $25.00 to $125.00.
• PROBATION - Varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DWI. The Court will primarily not suspend execution of the sentence, unless as a condition of probation, the defendant is ordered to serve 10 days (ten days) shock time in jail or 60 days of community service.
• LOSS OF DRIVING PRIVILEGES - Upon a fourth or subsequent criminal conviction for DWI / DUI, the defendant's Missouri driver's license is revoked for 10 years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your Missouri driving record, and, under the current law will remain there forever. If you are convicted of a felony DWI, you are not eligible for a hardship license.

FIFTH OFFENSE FOR DWI - DUI (AND SUBSEQUENT DWI - DUI OFFENSES)

A fifth or subsequent DUI or DWI arrest during the driver's lifetime may be charged as a Class B felony. If convicted, the driver will be classified as a 'chronic offender.' The same ten (10) year license revocation as described above applies.

• JAIL: FIVE (5) TO FIFTEEN YEARS IN PRISON.
• FINE: Up to $5,000.00 (plus court costs of $25 to $125.)
• PROBATION: Under current Missouri law, if an individual is convicted as a chronic offender, they must serve at least two (2) years in the State penitentiary before they may be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI - DUI, the defendant's license is revoked for 10 years regardless of when the two previous convictions were received. The ten (10) year revocation or denial will be placed on your driving record, and, under the current law will remain there forever. If you are convicted of a felony DWI - DUI, you are not eligible for a hardship license.

DRIVERS LICENSE CONSEQUENCES

Like most other states, an arrest for DWI (driving while intoxicated) or DUI (driving under the influence) initiates two separate legal proceedings. First, the criminal case, filed in the jurisdiction in which the arrest was made, and; Second, a driver's license hearing which is filed with or against the Missouri Department of Revenue. As noted above, it is vital that you contact an attorney immediately after your arrest for DUI (DWI), because you only have 15 (fifteen) days to file for your Administrative Hearing to protect your driving privileges and rights. If you do not file for an Administrative Hearing within the first 15 (fifteen) days after you receive a notice of suspension form, which is normally given at the time of your arrest, you will forever lose your right to do so, and your Missouri driver's license will be revoked.

The only caveat is that upon a refusal of a urine test, blood test, or breath test, a driver has 30 (thirty) days to appeal the suspension by filing a Petition for Review in the Circuit Court, though, the suspension of the Missouri driver's license goes into effect after the first 15 (fifteen) days. Only a Circuit Court or Associate Circuit Court Judge may stay or lift the suspension until the driver is afforded an Administrative Hearing. As such, it is vital that the driver contact an attorney in Florissant immediately after arrest to discuss their options. DUI (DWI) lawyer Russell L. Powell will give you a professional and free consultation when you call him at (816) 550-3695.

MISSOURI DRIVER'S LICENSE SUSPENSIONS:

FIRST TIME FAILURE OF A TEST:

If a driver does not have a prior alcohol related contact on their Missouri driving record, or does not have an alcohol related contact within the past 5 (five) years, then the driver's privileges are revoked for 30 (thirty) days. Upon filing of an SR-22 Insurance Certificate with the Missouri Department of Revenue, the driver will be granted a sixty (60) day Restricted Driving Privilege at the conclusion of the thirty (30) day suspension. This restricted license allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. It is rare, however, for a driver to be ticketed for driving outside of their restricted license. The alcohol related suspension is placed on a person's driving record, and under current Missouri law, can not be removed from a person's Missouri driving record even after their driving privileges are fully reinstated. Therefore, it is important to contact a DWI attorney in Florissant to discuss your options for challenging the Missouri driver's license suspension. You may contact DWI defense attorney Russell L. Powell at (816) 550-3695 for a professional and free consultation, but you must act quickly as your Missouri driver's license may be revoked within fifteen (15) days of your arrest.

IMPLIED CONSENT LAW IN MISSOURI

Every person who operates a motor vehicle in the state of Missouri is deemed to have given his or her consent to have his or her breath, blood, urine, or other bodily substances tested for drugs and alcohol. This is known as Missouri's "Implied Consent" law. You are presumed to know and understand your rights and responsibilities concerning the testing of your bodily fluids in relation to a DWI - DUI arrest. The Florissant law enforcement officer will choose what type of test to offer. You do not get a choice in that matter. Under Missouri law, though, you are allowed 20 minutes to contact a lawyer about whether or not to submit to a test, provided that you ask to exercise that right. You also have the right to obtain your own test of your body fluids by a physician, qualified technician, chemist, registered nurse or other qualified person after you have submitted to the officer's requested test.

SECOND AND SUBSEQUENT FAILURES OF A TEST:

If the driver has an alcohol related suspension within the past five (5) years, then the suspension will be for one (1) year with no possibility of obtaining a hardship driving privilege. If a driver receives the second suspension more than five (5) years after serving the suspension for the first test failure, then the suspension will generally be for thirty (30) days followed by a sixty (60 ) day restricted license. For subsequent offenses, a third or more, an individual's driving privileges will be revoked for at least one year, with no possibility for a restricted driving privileges and rights.

MISSOURI DUI (DWI) FACTS:

REFUSAL OF A BREATH, BLOOD OR URINE TEST

A driver who refuses a breath, blood or urine test faces a one (1) year revocation of their driving privileges and rights. An experienced DUI (DWI) lawyer may be able to stay the revocation of their Missouri driver's license, pending the outcome of an administrative hearing. It is vital to note, that a driver does not automatically receive an Administrative Hearing for a test refusal.

A lawsuit must be filed against the Director of Revenue in the Circuit Court of the county in which the arrest occurred, and a Judge may or may not sign a Stay Order allowing the driver to continue to drive pending the outcome of that hearing. Therefore, it is important to consult a lawyer concerning your options.

Under some circumstances, it may be to a driver's advantage to refuse the breath, blood or urine test, however, the driver must consult with an experienced and professional DUI (DWI) lawyer in Florissant to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their driving privileges and rights.

As noted above, the administrative hearing is separate from the criminal case. Simply put, they are two separate legal proceedings. However, a suspension under the criminal proceeding may affect the administrative proceeding. Therefore, anyone who refused a urine test, blood test, or breath test should contact an experienced and professional DUI (DWI) lawyer quickly to discuss these matters in further detail. Russell L. Powell, a Missouri DUI (DWI) lawyer, may be reached for a professional and free consultation at (816) 550-3695.

APPEALING THE SUSPENSION

The administrative suspension of your driving privileges and rights may be appealed to the Circuit Court of the county in which they were arrested. This is commonly referred to as a 'Petition for Review' and it must be filed within fifteen (15) days of the date that the suspension was served to the driver by the Missouri Director of Revenue. Service in Missouri is considered effectuated when mailed by the Missouri Director of Revenue.

Upon properly filing the appeal, the driver receives a 'trial de novo' or a completely new trial, in front of a different judge. These appeals are generally defended by an attorney from the Missouri Department of Revenue, and the state maintains the burden of showing that the driver was operating a motor vehicle, within the jurisdiction, while under the influence of alcohol.

HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your driving privileges and rights depends on the facts and circumstances of your case, your criminal record (if you have one), and your personal driving record in Missouri. If you have questions, you should contact an experienced and professional DUI (DWI) lawyer to discuss all your options. If you are in Florissant, Missouri, Russell L. Powell, a DUI (DWI) lawyer, may be reached for a professional and free consultation at 816-550-3695.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a DUI (DWI) lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.