DUI/DWI Lawyer in St. Charles, MO

In Missouri, you can be convicted of DWI if you were found driving or in physical control of your vehicle with a blood alcohol concentration of .08 percent or higher. This is all the evidence that is needed for a charge to be filed. “Physical control of your vehicle” means that, even if you were not moving down the roadway but were behind the wheel with the keys in the ignition, you could be arrested for drunk driving. 

You can also be arrested for DUI if you were driving under the influence of drugs and/or alcohol to the point of being impaired, even if your BAC was below the legal limit. For those under 21, driving with a BAC of .02 percent or higher is illegal. For commercial license holders driving a commercial vehicle, the legal limit is a BAC level of .04 percent or higher. 

What Are The Penalties For DUI/DWI in Missouri?

Your penalties in these cases will depend on various circumstances. These can include whether you have prior convictions, the level of your BAC, and other factors, such as if you were driving with a child in the car or caused an accident causing property damage, injury, or loss of life. 

• First-offense DWI/DUI is considered a Class B misdemeanor. It carries penalties of up to six months in jail, fines of up to $1,000, and a license suspension of 30 days. This may be followed by 60 days of a restricted license, for which you may have to install an ignition interlock device. You will also have demerit points added to your driving record and will likely see a hike in your auto insurance premiums. You may get a suspended jail sentence by being subject to probation with conditions such as only a few days in jail, completion of an alcohol/drug abuse treatment program, and random alcohol/drug testing. 
• Second offense DWI can result in up to a year in jail, fines of up to $2,000, and a one-year license suspension. If your second offense occurs within five years of your first offense, you could lose your license for up to five years. 
• Third and subsequent DWI offenses result in even more severe penalties; they are charged as felonies. These carry up to four years in prison, fines of up to $10,000, and a 10-year revocation of your license. 

Defenses Against DUI/DWI Charges

In the state of Missouri, it's clear to see that a DUI/DWI charge can have serious consequences and impacts on your life, so it's important to consider all of your legal options for defending yourself. Common defenses that can be used may include:

• Challenge the validity of the traffic stop
• Contest the field sobriety test results
• Challenge the blood or breath test results
• Argue that there was no actual impairment
• Argue that your rights were violated

Every case is unique, and the best defense strategy will depend on the specific circumstances of your case. Ultimately, if you're facing a DUI/DWI charge in Missouri, your first step in defending yourself should be to work with an experienced St. Charles DUI/DWI attorney, such as James E. Carmichael, who can help determine your best defense options. 

Contact Our DUI/DWI Attorney Today

It can be frightening to be arrested and accused of a crime, but just remember two things: 1) you have rights, and 2) you are innocent until proven guilty. Just because you have been accused of DWI does not mean that there’s nothing you can do. When you retain the law firm of James E. Carmichael, Attorney at Law, you can feel confident that you will have a proven, highly respected expert advocating for you. Attorney Carmichael can provide you with the sound legal advice you need to get through your case and pursue the best possible outcome.

Contact James E. Carmichael, Attorney at Law, today to get started on your defense with our DUI/DWI lawyer in St. Charles, MO.