The Missouri legislature used the phrase driving while
intoxicated (DWI) to define a person that “operates a motor vehicle while in an intoxicated or drugged condition.” A majority of the municipalities around St. Charles County have passed local ordinances that use the phrase driving while intoxicated.

Some of the confusion regarding the difference between a DWI and a DUI may be attributable to St. Louis City. Their ordinance states that it is a crime for a person to operate “a vehicle while under the influence of intoxicating liquor.” St. Louis City’s ordinance appears to have adopted the use of the phrase driving under the influence.

Both pieces of legislation clearly make it illegal to
operate a motor vehicle while intoxicated. The only significant difference in the two is that the St. Louis City Ordinance does not include any language about driving while in a drugged condition.

However, do not be fooled or mislead; it is still illegal to drive in St. Louis City under the influence of drugs, offenders will probably just be charged under the Missouri State Statute instead of the City’s ordinance.

Should you be stopped and charged with either a DUI or DWI, the first thing you need to do is call a knowledgeable attorney who specializes in DUI and DWI charges. Call Niedner Law Firm, in St. Charles, Warren County, Lincoln County or St. Louis County. They have the experience with DUI and DWI to help you through this time.

When you are arrested for driving while intoxicated (DWI) the Missouri Department of Revenue will generally take affirmative steps to suspend or revoke your driving privileges. The suspension/revocation process is completely separate from the DWI charge. Here’s what you can expect to occur with your drivers license.

If you refused a breathalyzer

When you are asked to take a breathalyzer or other chemical test, the police are required to read you the Missouri Implied Consent Law. The law requires the police officer to tell you your refusal to take the breathalyzer will result in a one (1) year suspension of your driver’s license. The DWI lawyers at Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, LLP are experienced at challenging the refusal to avoid the one (1) year suspension of their client’s driver’s license.

If you refused to take a breathalyzer or submit to other chemical testing, the police officer will issue you a 15 day permit to drive. It is extremely important to contact a DWI lawyer immediately because you only have 30 days from the date of your arrest to file a Petition for Review with the court. A Petition for Review is a civil lawsuit filed against the State of Missouri that contests the suspension/revocation of your driver’s license.

In most cases, once the Petition for Review is filed, you will receive a “Stay Order,” which is a court order preventing the Missouri Department of Revenue from suspending or revoking your license until you have a hearing on the issues raised by your DWI attorney.

Concerned about insurance after a DWI?

This might also be eye opening, but cases that involve the refusal to take a breathalyzer do NOT result in the requirement that you obtain SR-22 insurance. What is SR-22 insurance? SR-22 insurance is a type of high risk insurance that requires your insurance company to file proof of your financial responsibility with the State of Missouri. Usually, anyone who has their drivers license suspended or revoked has to obtain SR-22 insurance and maintain it for two years.

If you took a breathalyzer and failed….

If you fail a breathalyzer or other chemical testing and you want to keep your driver’s license you will have to request an administrative hearing from the Missouri Department of Revenue. These hearings can be highly contested because they are usually your word against the arresting officer and his police report. The following steps should provide you with a basic understanding of the process after failing a breathalyzer or other chemical testing:

1. You will be issued a 15 day permit to drive that acts as a full-blown license to drive after your arrest for Driving While Intoxicated (DWI).
2. Your St. Charles DWI lawyer only has 15 days from the date of arrest to start the legal process and request the administrative hearing.

If you choose to file for an Administrative Hearing (contesting the suspension/revocation of your driver’s license) a temporary driver’s license will be issued until your hearing date.

If you lose the hearing, or decide against requesting one, here’s what you can expect:

• You will lose your license for 30 days
• You are required to pay the State of Missouri a $45 License Reinstatement fee.
• You must take SATOP class (Substance Abuse Traffic Offender Program).
• After the 30 day suspension, a 60 day hardship license can be issued.
• You will be required to obtain SR-22 insurance.

We certainly do not condone drunk driving, but if you have received a DUI/DWI in St. Charles Country, St. Louis County, Lincoln County or Warren County, Missouri, it’s important to know how the process works, know the deadlines, and to also know the steps needed in order to get you to back on the right track. The lawyers at Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, L.L.P., are experienced DWI attorneys. If you have received a DWI, please call our office at 1.888.572.2192 or 636.949.9300 and make an appointment so we may address the specific facts of your case. If you prefer you may email us at jcarmichael@niednerlaw.com or ssimpson@niednerlaw.com.

Photo Attribution

How Much Can You Drink?

Based on a 150 lb. male drinker, it is estimated that 2 drinks for the first hour and a drink each hour thereafter can keep the drinker within the legal limit. Please keep in mind that alcohol reacts differently in each person and if you are in doubt, do not drive drunk. Call a taxi cab or find another ride home.

In Missouri a driver is presumed to be drunk if his or her Blood Alcohol Content (BAC) is equal or greater than .08.

What To Do If You Get Caught

If you make the decision to drive drunk and are stopped by the police there are a few things you should know.

1. You have Miranda Rights – Use them! You do have the right to remain silent! Stay silent! People think they can talk there way out of a DWI. They are wrong. It is the police officer’s job to arrest you and obtain evidence to use against you at trial.
2. Police Departments have a set of questions that are designed to extract information that will be used against you later. Even the simplest questions should not be answered. Your name, birth date and basic identifying information should be all that is given.
3. If you are arrested you will be asked to take a breathalyzer test or to submit to a blood or urine test. The law says that you have 20 minutes to contact a DUI Lawyer before having to take the breathalyzer test or giving a blood or urine sample. Use every minute of this allotted time! It is important that you speak with a skilled DWI attorney so you know and understand your rights.

If You Have Already Been Caught, Do This

1. Hire a good DWI lawyer fast! Don’t wait. A DWI arrest sets a very specific process into motion and you only have a limited number of days to protect your driving privileges.
2. The court process is the same for a majority of people charged with a DWI
   • The first court date is an arraignment:
     This where you pleading guilty or not guilty.
   • Then comes the investigation:
     We collect the facts of the case and review the evidence against you.
   • After all the investigation is complete we will help you weigh your options:
     Do you want to make DWI deal?
     Do you want to take your case to trial?

The decision to take your case to trial or to accept a plea bargain is a decision only you can make. However, we are experienced DWI lawyers in St. Charles, St. Louis, Warren and Lincoln Counties, Missouri. We can help you make an informed decision.

Please Do Not Drive Drunk

If you drink and drive, BE CAREFUL! Your safety and well-being is important. However, we realize, things happen and some people do drive drunk and subsequently get arrested for DWI. If you get caught drinking and driving, hire a good DWI lawyer who is experienced and knows the law.

The lawyers at Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, L.L.P., in St. Charles County Missouri, are experienced DWI attorneys. If you have received a DWI, please call our office at 1.888.572.2192 or 636.949.9300 and make an appointment so we may address the specific facts of your case. If you prefer, you may email us at JCarmichael@niednerlaw.com or SSimpson@niednerlaw.com.

Photo Attribution

http://www.flickr.com/photos/versageek/ / CC BY-SA 2.0
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