Dui Offenses

Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) are the terms used in the state of Missouri to refer to the criminal act of operating a motor vehicle under the influence of alcohol or a controlled substance. DWI/DUI crimes have long term effects that may haunt an individual throughout their lifetime. Such crimes are not particularly uncommon, yet it is still important to hire an experienced DUI attorney.

How Our DUI Lawyers Can Help

The attorneys at Brydon, Swearengen & England P.C. in Jefferson City defend clients in court cases that involve a number of criminal offenses, with DWI/DUI being one of them. Criminal law cases are emotionally charged, which can be stressful and worrying. Our attorneys know that a trial is not necessarily always the best course of action. Our attorneys will aid clients in navigating settlement, open pleas, or trial, based on each client’s specific needs.

House Bill 87

Clients facing DUI/DWI’s often result in both penalties from the court and a second set of requirements from the Department of Revenue. With House Bill 87 coming up at the Senate and aiming to enhance the punishment on repeat offenders, clients wishing for help maneuvering jail terms, ignition interlock devices, prison terms, and loss of driver’s licenses are in good hands with our team. These new legislations will contribute to longer jail terms, ignition locks, prison terms, and make it easier to lose one’s drivers license. In the case of a DWI/DUI arrest, the Missouri Department of Revenue tends to file individual cases to either suspend or revoke the driving permit of an individual.

Field Sobriety Tests

Field sobriety tests are often carried out by law enforcement and these tests are used to show additional evidence, or probable cause, for whether an individual has committed the crime of driving under the influence of intoxication. The horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test are some of the common tests officers apply to ascertain probable cause to make an arrest.

Chemical Breath Tests

Law enforcement may demand a chemical analysis of an individual’s blood or breath if they believe there is probable cause that a person is driving while impaired. The chemical analysis that results from the test of the amount of alcohol from the breathalyzer or blood test is admissible evidence of intoxication. If a person declines the test, their refusal can be taken to court. In addition, anyone who declines to take a chemical test will also have their driving privileges revoked by the Department of Revenue for one year.

Ignition Interlock Devices

Individuals found guilty of repeat DWI/DUIs, will generally face a series of requirements by the DOR and the court. One common requirement is to install an ignition interlock device. An ignition interlock device is a handheld respirometer-testing machine that is connected to the ignition, vehicle horn, and lights. The driver has to blow into the device and demonstrate a blood alcohol concentration of zero to be able to start the vehicle. Ignition Interlock Devices are not all the same and depending on the charges being addressed, courts or the DOR may require individuals to install both camera and GPS monitoring along with the basic respirometer. The device tracks the driver’s alcohol content and will send notifications of violations. In some cases, courts may require that individuals use the ignition interlock device throughout the day and not just before starting the vehicle.

Using Ignition Interlock Devices

An ignition interlock device is a substantive and costly requirement for drivers who have committed persistent alcohol related offenses. These individuals will often be required to have an ignition interlock installed before he or she can have their driving license restored or a restricted license granted. The equipment is generally required to then be maintained for a period of six months before a person can have the device removed. Loss of the device without court or DOR permission can result in the suspension or even a revocation of one’s driving license and may even lead to new charges. If a driver is found not to have installed the required device as ordered by a court, they can face an additional misdemeanor charge for the first violation of the court order,  a one-year revocation of privileges, and if not corrected, a second offense can result in a five-year revocation of license and additional charges.  

Loss of Driving Privileges

A guilty plea or conviction of DWI/DUI can result in the suspension or revocation of driving privileges due to the accumulation of points through the Missouri Department of Revenue. Clients can receive information regarding the suspension or revocation of their driver’s licenses, points on their licenses, and court penalties from their attorney.

Restricted Driving Privileges

An individual who commits a 1st DWI/DUI offense will automatically lose driving privileges for up to 90 days through the DOR. However, if certain requirements are met then this 90 day suspension can be adjusted to a 30 days suspension with the remaining 60 days as a restricted driving privilege. A restricted driving privilege is a license to drive, but limited to permitted destinations or reasons. Many individuals will need to obtain a special kind of liability insurance called SR22 insurance to obtain a restricted type of driver’s license. Once an individual provides proof of obtaining SR22 insurance and that they have fulfilled their other requirements, the individual might then be eligible for a restricted license. Complete reinstatement often involves additional requirements such as taking a Substance Abuse Treatment Program (SATOP) and a reinstatement fee.  

Second DUI

A second DWI/DUI can result in fines and loss of driving privileges ranging from one to five years, depending on the duration between the first and second violation. An individual who has either given a guilty plea or been found guilty of a second alcohol-related offense within five years after the first is liable to lose privileges for up to five years. An attorney can help determine if a second time DUI offender is eligible for a restricted or limited driving privilege at this stage. However, individuals may not be eligible for a restricted privilege if they have declined a chemical test more than once.  

Third DUI

A third DWI/DUI driving under the influence can lead to loss of privilege between one and ten years, depending on the time that has elapsed between the past offenses. A ten-year denial can result in a restricted privilege at the expiration of three years from the denial.  

Lawyers for DUI in Jefferson City, MO

We the DUI attorneys at Brydon, Swearengen, and England P.C. in Jefferson City, are known for our excellence, well-preparedness, and innovation. We also practice criminal law throughout Mid-Missouri, in areas such as Jefferson City, Columbia, Eldon, Linn, Fulton, Osage Beach, Lake Ozark, Camdenton, Versailles, Boonville, Mexico, Sedalia, Hermann, Vienna and Montgomery City, and the counties of Audrain, Boone, Callaway, Camden, Cole, Cooper, Gasconade, Maries, Miller, Morgan, Moniteau, Montgomery, Osage, Phelps, Pulaski and others. 

Contact Scott Hamblin to find out more.