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

Need Help from a DUI - DWI Attorney in St. Charles, Missouri?

In St. Charles, Missouri, a driver operating a motor vehicle with a BAC (Blood Alcohol Content) level 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, however, that you can be arrested for DWI / DUI even if your blood alcohol content (BAC) 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 primarily referred to as driving under the influence (DUI).

If you have concerns about a DUI - DWI charge, or if you have been arrested for driving while intoxicated, contact Russell L. Powell at (816) 550-3695 for a free, professional consultation.

When you are arrested for DWI / DUI, you only have 15 (fifteen) days from the date of notice (which is usually the arrest date) to file for an administrative hearing. If you don't file within these fifteen days, your driver's license will be taken away for 30 days if your blood alcohol content (BAC) was above .08 percent. In addition, if you refused to take a breath, blood, or urine test after being arrested for DUI or DWI, imprisonment could be for 1 year (on year.) This depends on any criminal history you might have and your driving history. If you have questions, call RUSSELL L. POWELL, a DUI (DWI) defense attorney, at (816) 550-3695 for a fast and free consultation about your DUI or DWI charge and what your defense might be.

MISSOURI DEPT OF TRANSPORTATION - 2009 DUI (DWI) PLAN:

• Support local efforts to reduce drinking and driving - especially underage drinking - by providing technical assistance to develop programs such as DUI (DWI) docudramas, loaning them collateral materials to enhance their efforts (fatal vision goggles, videos, etc.), and providing speakers
• Provide training on detection and apprehension of impaired drivers (standardized field sobriety testing, courtroom testimony, Drug Recognition Experts, sobriety checkpoint supervisor training, and DUI (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 in Buchanan, St. Charles, Jefferson, Lincoln, and Greene Counties
• Seek ways to expedite processing of DUI (DWI) offenders
• Improve the process of tracking DUI (DWI) offenders who have been sanctioned to install ignition interlock devices

DRIVING PRIVILEGES SUSPENSION FOR DUI (DWI):

A criminal conviction of a first time DUI (DWI) results in a 30-day suspension of Missouri 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 hardship exemptions available during the first thirty (30) day period if you lose your administrative hearing. This suspension becomes a part of your permanent driving record 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 driving privileges in Missouri.

FIRST OFFENSE DUI (DWI)

A first time conviction for DUI - DWI is a Class B misdemeanor.

• PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, though, the probation terms are complete SATOP in 90 days, no drinking and driving, and do not break any federal, state or local law. Some Courts require supervised probation, while others do not. Some Courts require community service.
• JAIL: Up to a maximum of six (6) months imprisonment for a first time DWI / DUI conviction in St. Charles, Missouri.
• FINE: Up to $500.00. Court costs generally range between $25.00 and $125.00.

Contact DUI - DWI defense attorney Russell L. Powell at 816-550-3695 to discuss the specifics of your case and possible dispositions in further detail.

SECOND OFFENSE DUI - DWI

Conviction for 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.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second DUI - DWI within five (5) years will primarily result in a five (5) year revocation of your Missouri driving rights. 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 Missouri driver's license regardless of when the first DUI or DWI 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, and the installation and monthly maintenance charges are incurred by the driver.
• FINE: Up to $1,000.00, plus court costs of between $25.00 and $125.00.

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 purchasing, drinking, or in possession of alcoholic beverages. The law in St. Charles calls for the suspension of Missouri driving privileges 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.

DUI - DWI - THIRD OFFENSE

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

• JAIL: Up to four (4) years in prison.
• FINE: Up to $5,000.00, plus court costs of which normally range between $25.00 to $125.00.
• PROBATION: 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 shock time in jail or 60 days of community service.
• REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI or DUI, the defendant's driver's license is taken away 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 DUI - DWI, you are not eligible for a hardship license.

FOURTH OFFENSE DUI (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 Missouri 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, though, Missouri law does prohibit a suspended imposition of sentence for a felony DUI (DWI). The Court will normally 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 driving privileges in Missouri is taken away 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 DUI (DWI), you are not eligible for a hardship license.

FIFTH DUI - DWI OFFENSE OR SUBSEQUENT OFFENSES

A fifth or subsequent DUI or DWI arrest during the driver's lifetime may be charged as a Class B felony, and 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, plus court costs of $25 to $125.
• PROBATION: Under current Missouri law, if an individual is convicted as a chronic offender, the defendant must serve at least two (2) years in the State penitentiary before you may be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DUI or DWI, the defendant's driving privileges in Missouri is suspended 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 DUI - DWI, you are not eligible for a hardship license.

MISSOURI IMPLIED CONSENT LAW

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 |blood, breath, urine, or other bodily substances tested for alcohol and drugs. 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 DUI - DWI arrest. The St. Charles law enforcement officer will choose what type of test to offer. You do not get a choice in that matter. Under Missouri law, however, you are allowed 20 minutes to contact an attorney 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.

DRIVERS LICENSE CONSEQUENCES - DUI - DWI

Like most other states, an arrest for DWI or DUI 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 important that you contact an attorney immediately after your arrest for DUI - DWI, as you only have fifteen (15) days to file for your Administrative Hearing to protect your Missouri driving privileges. If you do not file for an Administrative Hearing within the first 15 (fifteen) days after you receive a notice of suspension form, normally given at the time of your arrest, you will forever lose your right to do so, and your driver's license will be taken away.

The only caveat is that upon a refusal of a urine test, blood test, or breath test, a driver has thirty (30) days to appeal the suspension by filing a Petition for Review in the Circuit Court, however, the suspension of the driver's license goes into effect after the first fifteen (15) days, and 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 important that the driver contact an attorney immediately after arrest to discuss their options. DUI - DWI lawyer Russell L. Powell will give you a fast, free consultation. Call him at (816) 550-3695.

MISSOURI DRIVER'S LICENSE SUSPENSIONS FOR DUI (DWI):

FIRST TIME FAILURE OF A TEST:

SECOND AND SUBSEQUENT FAILURES OF A TEST:

MISSOURI DUI - DWI FACTS:

DUI - DWI AND PROOF OF INSURANCE

If you are facing the consequences of a DUI - DWI in St. Charles, you will be required to file proof of insurance with the Driver License Bureau in Missouri. The most common method of filing proof of insurance is an SR-22 insurance filing. If you do not keep proof of insurance on file, your Missouri driving privileges will be taken away unless you file proof of insurance and pay a $20 fee.More information about insurance and DUI - DWI is included in Chapter 13 of the Missouri Department of Revenue Driving Guide.

APPEALING THE DUI - DWI SUSPENSION

The administrative suspension of one's Missouri driving privileges may be appealed to the Circuit Court of the Missouri county in which they were arrested. This is commonly referred to as a "Petition for Review" and it must be filed within 15 (fifteen) 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' (a completely new trial), in front of a different judge. These appeals are normally defended by an attorney from the Missouri Department of Revenue. Also, the state of Missouri maintains the burden of showing that the driver was operating a motor vehicle while under the influence of alcohol (within the jurisdiction.)

DUI - DWI HARDSHIP LICENSE

Eligibility for a hardship license upon the suspension of your Missouri driving privileges depends on the facts and circumstances of your case, your criminal record (if you have one), and your personal Missouri driving record. If you have questions, you should contact a skilled DUI - DWI lawyer to discuss all your options. If you are in St. Charles, Missouri, DUI - DWI lawyer Russell L. Powell may be reached for a fast, 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 an attorney 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.