If you were arrested and charged with a DUI in St. Louis, Missouri or a neighboring City, please call the 1-800 number below to get in contact with an experienced DUI attorney to fight your case.
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A DWI - DUI Criminal Defense Lawyer in St. Louis, Missouri Can Help

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

If you have been arrested for driving while intoxicated in St. Louis, Missouri, contact DWI - DUI defense lawyer 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 DUI or DWI. If you fail to file within the fifteen (15) days of the date of the notice of suspension, your driving privileges in St. Louis will generally be revoked for 30 (thirty) days if your Blood Alcohol Content (BAC) level was above .08 percent, or for 1 year (one year) if you refused to take a urine test, blood test, or breath test after being arrested for DWI or DUI. To get your questions answered, call DWI - DUI lawyer RUSSELL L. POWELL at (816) 550-3695 for a fast and free consultation.

SUSPENSION OF DRIVING PRIVILEGES:

A criminal conviction of a first time DWI or DUI results in a 30-day suspension of driving privileges in St. Louis 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 hardships or exemptions available during the first 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 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. This device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will also result in 8 (eight) points being assessed against your driver's license.

FIRST OFFENSE DWI or DUI

A first time conviction for DWI - DUI 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 jail time for a first time DUI or DWI conviction in St. Louis, Missouri.
  • FINE: Up to $500.00. Court costs generally range between $25.00 and $125.00.

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

SECOND OFFENSE DWI - DUI

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

  • JAIL - Up to a maximum of one (1) year imprisonment.
  • FINE - Up to $1,000.00, plus court costs of between $25 and $125.
  • REVOCATION OF DRIVER'S LICENSE - A criminal conviction of a second DWI - DUI within five (5) years will normally result in a five year (5 year) revocation of your driving rights. A hardship license may not be applied for until two (2) of the five (5) year revocation has been served (this assumes that you are not otherwise ineligible.) This revocation goes on the person's permanent driving record. Twelve (12) points are also assessed against your Missouri driver's license regardless of when the first DWI - DUI conviction was received. The court will also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. If this happens, the installation and monthly maintenance charges are incurred by the driver.

MISSOURI SUPREME COURT ON DUI (DWI):

"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 on Wednesday, January 28, 2009, during a joint session of the General Assembly in Jefferson City, Missouri.

USE AND LOSE IN MISSOURI - DUI (DWI)

In St. Louis, 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 Missouri law, Abuse and Lose, calls for the suspension of driving 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 days and 1 year for subsequent offenses.

THIRD OFFENSE FOR DUI (DWI)

A third DUI or DWI 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 rights if the driver has two previous alcohol related convictions on their driving record.

  • JAIL: Up to 4 (four) years in prison.
  • FINE: Up to $5,000.00, plus court costs of which generally range from $25.00 to $125.00.
  • PROBATION: This varies greatly between jurisdictions, however, 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 taken away for 10 years regardless of when the two previous DUI (DWI) 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.

FOURTH OFFENSE FOR DWI or DUI

A fourth DUI or DWI arrest during the 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: A fourth DWI or DUI offense means up to 7 (seven) years in prison.
  • FINE: For a fourth DWI or DUI offense, fines can range up to $5,000.00, plus court costs of $25.00 to $125.00.
  • PROBATION: This varies greatly between jurisdictions, but Missouri law does prohibit a suspended imposition of sentence for a felony DWI or DUI. The Court will commonly not suspend execution of the sentence unless (as a condition of probation) the defendant is ordered to serve 10 (ten) days 'shock time' in jail or perform 60 (sixty) days of community service.
  • REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DUI or DWI, the defendant's driver's license is revoked for ten (10) years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record, and will remain there forever under current Missouri laws. NOTE: If you are convicted of a felony DWI or DUI, you are not eligible for a hardship license.

FIFTH DWI - DUI OFFENSE OR SUBSEQUENT OFFENSES

A fifth or subsequent DWI or DUI 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 DWI or DUI, the defendant's Missouri driver's license 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 Missouri 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.

MISSOURI DRIVER'S LICENSE SUSPENSIONS:

FIRST TIME FAILURE OF A TEST:

If a driver does not have a prior alcohol related contact on their driving record, or does not have an alcohol related contact within the past five (5) years, then the driver's privileges are revoked for thirty (30) 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, though, for a driver to be ticketed for driving outside of their restricted driver's 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 driving record even after their driving privileges in St. Louis are fully reinstated. Because of this, it is vital to contact an attorney to discuss your options for challenging the license suspension. You may contact DWI or DUI lawyer Russell L. Powell at (816) 550-3695 for a fast and free consultation, but you should act quickly as your driver's license may be revoked within 15 (fifteen) days of your arrest.

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 breath, blood, urine, or other bodily substances tested for drugs and / or 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 St. Louis police 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 DUI or DWI 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 imperative 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 driving rights. 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 imperative that the driver contact an attorney immediately after arrest to discuss their options. DUI (DWI) defense attorney Russell L. Powell will give you a professional and free consultation. Call him at (816) 550-3695.

MISSOURI DUI (DWI) FACTS:

Throughout Missouri in 2007, thousands of people were injured in drinking-related traffic crashes, roughly one every 1.7 hours. The 2008 St. Patrick's Day statewide quarterly enforcement period included traffic stops that resulted in over 250 DUI or DWI arrests, 987 speed violations, and 156 tickets for seat belt violations. This year more than 160 law enforcement agencies statewide will be participating in impaired driving enforcement in St. Louis and elsewhere throughout Missouri.

APPEALING THE SUSPENSION

The administrative suspension of one's driving 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 rights varies considerably depending on the facts and circumstances of your particular case, your criminal record (if any), and your overall driving record. Because of this, if you want information concerning a hardship license in St. Louis, Missouri, you should contact a resourceful DUI or DWI defense attorney to discuss all of the options available to you. You can reach DUI (DWI) defense attorney Russell L. Powell at (816) 550-3695 for a professional and free consultation.


Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a DUI (DWI) defense 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.