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 DUI / DWI Criminal Defense Lawyer in St. Peters, Missouri

In St. Peters, Missouri, a driver operating a motor vehicle with a blood alcohol content (BAC) of .08 percent or greater will usually be charged with driving while intoxicated. This is commonly referred to as a 'per se' DWI or DUI charge. Note, though, that you can be arrested for DUI (driving under the influence) or DWI (driving while intoxicated) 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 normally referred to as driving under the influence (DUI).

If you have any questions concerning a DUI / DWI charge, or if you have been arrested for drunk driving, contact Russell L. Powell at (816) 550-3695 for a professional and free consultation.

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 rights 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 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.

DUI - DWI - FIRST OFFENSE

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

• JAIL: You will face up to a maximum of six (6) months jail time.
• FINE: For a first offense, you will pay up to $500. Court costs generally range between $25 and $125.
• PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, though, the probation terms are no drinking and driving, do not break any. Some Courts require community service. Some Courts require supervised probation, while others do not.

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

DUI / DWI - SECOND OFFENSE

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 $25.00 and $125.00.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second PPP within five (5) years will normally result in a five (5) year revocation of your driving rights in St. Peters. 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 Missouri driving record. Twelve (12) points are also assessed against your driving privileges in Missouri regardless of when the first DUI / 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. The installation and monthly maintenance charges of this device are incurred by the driver.

THIRD OFFENSE FOR DWI or DUI

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 privileges and rights if the driver has two previous 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 commonly 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 DWI or DUI. 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 DWI or DUI, the defendant's license to drive is taken away for 10 years regardless of when the two previous DWI or DUI 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 DWI or DUI, you are not eligible for a hardship license.

FOURTH OFFENSE FOR DUI - DWI

A fourth DUI (driving under the influence) or DWI (driving while intoxicated) 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 DUI - DWI offense means up to 7 (seven) years in prison.
• FINE: For a fourth DUI - DWI 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 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 (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 (driving under the influence) or DWI (driving while intoxicated), the defendant's driving privileges is taken away 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 DUI - DWI, you are not eligible for a hardship license.

FIFTH DUI / DWI 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 they can be considered for parole.
• REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DUI / DWI, the defendant'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 DUI / DWI, you are not eligible for a hardship license.

MISSOURI DRIVER'S LICENSE SUSPENSIONS:

FIRST TIME FAILURE OF A TEST:

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 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 police 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.

DRIVERS LICENSE CONSEQUENCES

Like most other states, an arrest for DUI or DWI initiates two separate legal proceedings. Firstly, the criminal case is filed in the jurisdiction in which the arrest was made. Secondly, a driver's license hearing 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 or DWI, as you only have fifteen (15) 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 fifteen (15) 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 driving privileges in Missouri 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 driving privileges in Missouri 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 vital that the driver contact an attorney immediately after arrest to discuss their options. DWI or DUI lawyer Russell L. Powell will give you a quick and easy consultation by calling him at (816) 550-3695.

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 and rights will be taken away for at least one year, with no possibility for a restricted driving privilege.

MISSOURI DWI or DUI FACTS:

REFUSAL OF A BREATH, BLOOD OR URINE TEST

A driver who refuses a urine test, blood test, or breath test faces a one (1) year revocation of their Missouri Driving Privileges. An experienced DWI or DUI lawyer may be able to stay the revocation of their driving privileges in Missouri, pending the outcome of an administrative hearing. It is vital to note, however, 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.

Then, a Judge may or may not sign a Stay Order allowing the driver to continue driving pending the outcome of that hearing. Under some circumstances, it may be to a driver's advantage to refuse the urine test, blood test, or breath test, however, the driver must consult with a skilled DWI or DUI lawyer to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their Missouri Driving Privileges.

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 a skilled DWI or DUI lawyer immediately for a quick and easy consultation to discuss these matters in further detail. Russell L. Powell, a DWI or DUI lawyer in Missouri, may be reached at (816) 550-3695.

APPEALING THE SUSPENSION

The administrative suspension of one's 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 commonly 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.

DWI or DUI 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 a skilled DWI or DUI lawyer to discuss all your options. If you are in St. Peters, Missouri, DWI or DUI lawyer Russell L. Powell may be reached for a quick and easy 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.