Chesterfield DWI/DUI Attorney

Handling DUI Cases throughout St. Louis County

A person commits the crime of driving while intoxicated if he/she operates a motor vehicle while in an intoxicated or drugged condition. The legal limit in the State of Missouri is .08% for adults and .02% for minors.

If you have been accused of or charged with DWI in or near St. Louis County, work with Chesterfield DUI attorney Laurie A. Knight. Laurie has over 13 years of experience handling DWI cases and offers a personalized approach to every case. Laurie also takes the time to thoroughly prepare for every DUI case by reading over relevant case law to understand the issues and how the facts in the case apply to the law. Your case is in good hands at Laurie A. Knight, Attorney at Law, LLC.

Potential Penalties for DUI

The criminal penalties for a DWI include:

• Imprisonment
• Probation
• Fines
• Court costs
• Points against the driver’s license

Separate from the criminal charges, the Missouri Department of Revenue Driver License Bureau has administrative sanctions. These sanctions include the suspension and revocation of the driver’s license. The driver is required to complete SATOP, make an SR-22 filing to prove financial responsibility, and pay a fee for license reinstatement once the revocation or suspension period has passed. Once the revocation period has passed and the driver has fulfilled all the reinstatement requirements of the Department of Revenue Driver License Bureau, the driver’s license will be reinstated.

Field Sobriety Tests

When a driver is pulled over and suspected of driving while intoxicated, the police officer will administer field sobriety tests.

The three tests that make up the National Highway Traffic Administration Standardized Field Sobriety Testing battery are:

• The horizontal gaze nystagmus test
• The walk-and-turn test
• The one-leg-stand test

Missouri’s implied consent law requires a driver to submit to a breathalyzer test when arrested for DWI. Basically, Missouri’s implied consent law states that if a person operates a motor vehicle in Missouri then the person has consented to submit to a chemical test or breathalyzer when pulled over and suspected of intoxication.

If a breath test is requested and the driver requests to speak to an attorney before blowing, the driver is allowed 20 minutes in which to attempt to contact an attorney. If after the twenty minutes the person continues to refuse to blow, it is deemed a refusal to take the test. When requesting the test, the officer will inform the driver that evidence of a refusal may be used against the person and that the driver’s license shall be immediately revoked upon refusal to take the test. The revocation period is one year.

Fighting Back against the Prosecution

The prosecuting attorney will begin the criminal court process after the DWI arrest. The State of Missouri has the burden of proving beyond a reasonable doubt that the DWI occurred. The driver has the right to be represented by an attorney throughout the entire process.

For a felony DWI, a preliminary hearing will be scheduled. The preliminary hearing is a testimonial hearing where the prosecutor must prove probable cause to believe that a crime has been committed. The driver can waive the preliminary hearing. If the judge finds that probable cause does exist, then a trial will be held to determine if the driver committed a DWI beyond a reasonable doubt.

Abuse & Lose Law

A minor is subject to Missouri’s Abuse and Lose law. Anyone under the age of 21 years may have his or her driving privileges revoked for 90 days for a first offense or one year for subsequent offenses for an alcohol-related traffic offense.