Call Missouri Criminal Defense Attorneys at Bearden Law immediately at (816) 787-1979.
We routinely handle cases like these in Bates, Henry, and St. Clair Counties. In most cases like these, we can appear in court, so you don’t have to. We handle these cases quickly, efficiently, and our rates are affordable. We are happy to take care of this for you.
Important information about your license and penalties:
You will lose your driver’s license in 15 days from the date of your arrest if you do not request an administrative hearing. If you do not request a hearing within 15 days, your license will be suspended.
The First DUI for any driver may result:
- Up to six months in jail
- Fines of up to $500
- Complete license suspension for 30 days and then 60 days restricted
A second DUI may result:
- Up to one year in jail
- Fines of up to $1,000
- License revocation for one to five years if within five years of the first arrest.
- Installation of an ignition interlock device- An automatic system that blocks the car’s ability to start if the driver’s BAC is below a specific limit.
A third DUI may result:
- Up to four years in jail
- Fines of up to $5,000
- Possible ten years of license suspension
- Installation of an ignition interlock device
Two separate charges will be filed against a driver when arrested.
- Suspension of License
- The prosecuting attorney will file criminal charges in the jurisdiction where the arrest took place. In Missouri, a first offense DWI is a Class B misdemeanor. A Class B Misdemeanor in Missouri can include a fine of up to $500 and up to six months of jail time.
When you are pulled over by the police, the officer on-site will search for signs of impairment. These signs include slurred speech or an inability to focus. If he suspects you are intoxicated, he will likely ask you to submit to a field sobriety test. Examples of standard field sobriety tests include:
The Department of Revenue will perform an administrative suspension of the driver’s license. The founding offender can challenge the suspension based on the BAC test and if the driver adhered to take the test or refused.
- Horizontal Gaze Nystagmus (HGN) – A test for eye functionality, jagged movements, or slowness response while following a light.
- Walk-and-Turn (WAT)– A test for coordination of driver’s physical movements. The driver will walk nine steps in a straight line, heel-to-toe, then turn around on one foot and repeat.
- One-Leg Stand (OLS)- A test for balance of driver requires standing on one foot for thirty seconds.
A lawyer may be able to keep you from losing your license based on the situation which depends on the following. (Taken from 302.574, RSMo.)
“(1) Whether the person was arrested or stopped;
(2) Whether the officer had:
(a) Reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated or drugged condition; or
(b) Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or
(c) Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was committing a violation of the traffic laws of the state, or political subdivision of the state, and such officer had reasonable grounds to believe, after making such stop, that the person had a blood alcohol content of two-hundredths of one percent or greater; and
(3) Whether the person refused to submit to the test.”
Suspension of driver’s license in Bates County or under Missouri DUI laws will occur if the BAC test is refused or if the test was taken and the blood alcohol content registered 0.8% or higher.
In order to get your license back after the suspension has taken place, three items have to be met by the offender.
- Completion of a Substance Abuse Traffic Offender Program
- Payment of fine
- Completion of or retake the Missouri license exam
- Sustain and prove financial accountability of SR-22 insurance policy- a vehicle liability insurance document required by the Missouri Department of Motor Vehicles (DMV) offices for “high-risk” insurance policies.”)
Butler Attorneys at Beardon Law will be happy to help you understand or prepare you if you need to challenge a suspended driver’s license. You must call Butler Attorneys at Beardon Law right away to secure your driving privileges.
Call Bearden Law immediately to represent you as a Bates County DUI or Bates County DWI attorney at (816) 787-1979.