Know Your Rights After a DUI in Missouri – Guest Post

Whether you have been arrested for DUI in Missouri, or have been convicted of a drunk driving offense in another state, it’s important to know your rights. You should also be aware of the penalties that you can face after you are convicted. The state may revoke or suspend your license, or you may be required to take a Breathalyzer test. Moreover, you may also be fined.

Fines

Whether you’ve been pulled over or arrested for drunk driving, you should know your rights. Missouri’s driving while intoxicated (DWI) laws are strict. If you’re charged with a DWI, you may face fines, jail time, or suspension of your driving privileges. If you need help with a DWI charge, consult an attorney before your court date.

In Missouri, the legal blood alcohol content limit is 0.08 for people 21 and older, and 0.02 for people under 21. Those under 21 can drive under certain circumstances, such as if they have a valid driver’s license or a parent’s permission.

First-time DWI offenders face a fine of up to $500. If this is your first offense, you’ll also face a 90-day suspension of your driving privileges.

Points on your license

Getting points on your license is not the most glamorous of tasks. Not only do you have to worry about the points themselves, but you also have to worry about how they affect your driving and insurance.

Luckily, there are ways to avoid getting points on your license. First, you can try to avoid a traffic ticket in the first place. There are plenty of ways to do this, from signing up for a safe driving course to simply doing what the law says.

Second, you can get a point on your license for a number of other trivial things. For instance, if you change your course without signaling, you can get three points. Another example is failing to stop at an accident scene.

License suspension/revocation

Getting your license suspended in Missouri can have serious consequences. You might be unable to drive and pay your fines. In addition, you could be charged with a crime. If you don’t know what to do, you might want to consult an attorney. The attorney will know the ins and outs of revocation and license reinstatement in Missouri.

There are many reasons why your license might be suspended. The reasons vary depending on your specific situation. If you have been convicted of driving while license suspended (DWLS), you could be facing a felony charge.

Another reason your license might be suspended is if you don’t pay your tickets. You can pay your fines and get your license back if you work with a qualified attorney. The attorney might even take your case to court.

Breathalyzer tests

Depending on your driver’s license, refusing to take a Breathalyzer test can result in a variety of penalties. You could be arrested, lose your driving privileges, and pay thousands of dollars in fines. But with the right Missouri DWI defense attorney, you can fight the charges and reclaim your license.

The Implied Consent Admonition is similar to Miranda Rights. It states that anyone driving on Missouri highways is presumed to consent to take a chemical test if they are suspected of drunk driving.

Missouri uses three different types of chemical tests to determine whether a driver is drunk or not. These tests include: a preliminary breath test (PBT), a horizontal gaze nystagmus test (HGN), and a one-leg stand test (OLST).

The procedure for a Missouri breath test is similar to the procedure used in Kansas. The officer will observe the driver for 15 minutes to ensure that he does not smoke or vomit before administering a breath sample. The officer will then issue Form 4323, which acts as a 15-day temporary driver’s license.

Defenses to a dwi arrest

Defending an arrest dwi in Missouri is a complicated process. However, with the help of a skilled attorney, you can reduce the impact of this felony offense.

Missouri’s “Implied Consent” law means that everyone who operates a motor vehicle implicitly agrees to provide a saliva or blood sample. Failure to provide a sample can affect the prosecution’s case and can lead to license suspension.

The “Black Book” series of MOBARCLE is a reference book used by attorneys representing DWI cases. The chapter authored by Michael J. McLaughlin focuses on cross examination of the arresting officer.

A skilled DWI defense attorney can challenge the Department of Revenue on all the elements in your case. For example, if the officer fails to give you the required notices, you may have a defense.