DWI/DUI/Traffic Violations Information - Law Firm The Marks Law Firm, L.L.C. Attorneys St. Louis, Missouri

St. Louis, Missouri DWI/DUI Lawyer

You were pulled over by the police or highway patrol. You were administered field sobriety tests. You were asked to blow into a breathalyzer. You were charged with a DWI or DUI offense. An enjoyable evening turned into an embarrassing night in jail.

You are now facing jail or prison time, probation, or heavy fines. A DWI or DUI conviction can also have devastating consequences beyond the end of any probation term or jail sentence. Your insurance premiums will go up dramatically and your reputation will be tarnished forever.

At The Marks Law Firm, L.L.C., we work with clients to determine whether their DWI/DUI charge is best resolved by a negotiated plea or a trial. There are many issues to consider, including:

Did the officer have a valid reason to pull you over?
Were field sobriety tests administered properly by the officer?
What was the skill and experience of the officer administering the breathalyzer test?
What was the quality of the particular breathalyzer machine used?

This page is intended to provide you with a general overview of DWI and DWI punishments. For more information, contact The Marks Law Firm, L.L.C. for a free initial consultation to discuss your case. Call (314) 993-6300 to start planning your defense.
We Practice Throughout the St. Louis Metropolitan Area
For a top notch law firm without the inconvenience of downtown St. Louis or Clayton traffic, call The Marks Law Firm, L.L.C. We practice throughout the St. Louis metropolitan area, including St. Louis County, St. Charles County, the City of St. Louis, Jefferson County, Lincoln County, Warren County, Franklin County, Madison County - Illinois, St. Clair County - Illinois, and Monroe County - Illinois.

Abuse and Lose

ABUSE AND LOSE FAQ's

Q. When will I get my Missouri Driver's License back?

A. If you have met your reinstatement requirements, your license will be mailed back to you by the Director of Revenue along with your reinstatement notice after your suspension or revocation period has been served.

Q. Can I have any type of driving privilege while I am revoked?

A. You may be eligible to apply for a Limited Driving Privilege (Hardship License).

If ordered by the Court, anyone under 21 years of age may have his or her driving privileges suspended or revoked for any one of the following reasons:

1. Any alcohol related traffic offense;

2. Any offense involving the possession or use of alcohol while operating a motor vehicle;

3. Any offense involving the possession or use of a controlled substance;

4. Any offense involving the alteration, modification or misrepresentation of a driver's license; or

5. A second offense involving the possession or use of alcohol by someone less than 18 years of age.

Administrative Alcohol Arrests FAQ's

Q. How long do I have to request a hearing?

A. You must correctly request a hearing within 15 days from the date the Notice of Suspension/Revocation is issued to you.

Q. How do I correctly request a hearing?

A. You must indicate on the hearing request whether you want to have your hearing in-person or by telephone. You must send your Missouri Driver’s License along with your hearing request if you did not give your license to the arresting officer. The request must be postmarked within 15 days from the date the Notice of Suspension/Revocation was issued to you and mailed to:

Administrative Alcohol Arrests

A person over the age of 21 arrested for driving with a blood alcohol content of 0.08% or higher is processed administratively as well as, criminally.

The arresting officer completes and sends information to the Department of Revenue, including the following:

1. Alcohol Influence Report (AIR)

2. Missouri Uniform Complaint and Summons, or warrant, if applicable.

3. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit. Note: This will only be issued if an individual’s Missouri Driver’s License is taken.

4. Missouri Driver’s License, if taken.

Alcohol Convictions

Points are added to a driver’s record for an alcohol related traffic conviction:

2 Points

Commercial motor vehicle 0.04%

8 Points

First conviction for excessive blood alcohol content (BAC)
First conviction for driving while intoxicated (DWI)
First conviction for driving under the influence of drugs (DUID)

Chemical Test Refusal FAQ's

Q. How do I request a hearing?

A. You must file a Petition for Review within 30 days from the date of the arrest/stop with the Circuit or Associate Circuit Court in the county where the arrest/stop occurred.

Q . When will I get my Missouri Driver’s License back?

A. If you have met your reinstatement requirements, your license will be mailed back to you by the Director of Revenue along with your reinstatement notice.

Chemical Test Refusal

Missouri’s implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If a driver refuses to submit to the test, their Missouri Driver’s License is revoked for one year.

Notice of the refusal is served on the driver by the arresting officer. The arresting officer completes and sends information to the Department of Revenue utilizing a notarized Alcohol Influence Report form or a Refusal Affidavit. The arresting officer will take possession of any valid Missouri Driver’s License the driver has in his or her possession and issue a 15 day permit. Any continued driving privileges beyond the 15 day permit must be pursuant to a court issued stay order. The stay order will hold the revocation in abeyance until disposition of the underlying petition for review case.

Driving While Intoxicated First Offense

1. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.

2. Driving while intoxicated is for the first offense, a class B misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.

3. The authorized term of imprisonment, including both prison and conditional release terms, for a class B misdemeanor, is a term not to exceed six months.