Being accused of driving while intoxicated can be a frightening experience. There are several potential consequences an individual can face including: having their driver’s license suspended or revoked, forced to install a breathalyzer in the vehicle, sentenced to a term of incarceration, and ordered to pay large fines and costs associated with counseling or treatment.
A DWI stop usually includes several steps an officer is required to take when interacting with someone suspected to be driving under the influence. A knowledgeable and experienced attorney will be able to analyze and challenge the legitimacy of those steps.
For example, an officer will be required to explain their observations which led to their traffic stop. They will also be required to explain any physical observations of the driver, supporting a belief of intoxication, such as: glossy eyes; slurred speech; incoherent communication; etc.
If a breathalyzer was used to determine the Blood Alcohol Concentrate (BAC) level of the driver, the officer will be required to demonstrate the device was up to code at the time of the stop.
Additionally, if a field sobriety test was administered, the sufficiency and conditions of the test can be challenged as well. As such, if you are arrested for driving while intoxicated, it is important to retain legal counsel as soon as possible.
Potential Penalties for DUI Conviction in Missouri
First DWI Conviction.
The first driving while intoxicated offense committed by an individual is considered a Class B misdemeanor, with potential punishments of: driver’s license suspension; points on your driving record; an imposed fine; a term of imprisonment not to exceed 6 months; and/or other consequences.
Second DWI Conviction.
The second driving while intoxicated offense committed by an individual is considered a Class A misdemeanor, with potential punishments of an extended driver’s license suspension; additional points on your driving record; higher imposed fine; a term of imprisonment not to exceed 1 year; and/or other consequences.
Third DWI Conviction.
The third time an individual is convicted of driving while intoxicated can be considered a Class D felony offense, punishable of up to 4 years imprisonment; an imposed fine not to exceed $10,000; and/or other consequences. The felony level and potential consequences heighten each time after the third offense.
If you or a loved one are facing charges stemming from a DUI/DWI arrest, call us today at (314) 492-2380 or send an email, to schedule your free consultation.