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St. Louis Criminal Defense Law Blog

Wednesday, November 4, 2015

Arrested in Missouri for DWI? You have to act fast.

DWI may be the most commonly charged crime.  There are hundreds of DWI’s in the St. Louis area every year.  And most people charged with DWI, even if they have had DWI’s in the past, have no criminal record other than DWI.  A DWI is a serious offense, and it can have far-reaching consequences in a person’s life.

            In Missouri, driving with a blood alcohol content (BAC) of .08% or higher is considered driving while intoxicated.  Penalties are determined by many factors, including whether the offender has previous DWI’s, whether there was an accident, and if injuries or property damage occurred.  The BAC can also be relevant to sentencing, as courts may treat someone who had a very high BAC more harshly than someone whose BAC was just barely over .08%. 

            If you have recent been arrested in Missouri for DWI, you will likely have two proceedings against you: a criminal case for DWI and an administrative hearing regarding your driver’s license.  The police officer may have taken your license when you were arrested, and the officer should provide you with written instructions about how to dispute the suspension or revocation of your license. If you submitted to a breath or blood test, the officer should have giving you a Missouri Department of Revenue Form 2385 Notice of Suspension or Revocation of Your Driving Privilege.  If you refused to submit to a breath or blood test, the officer should have given you a Missouri Department of Revenue Form 4323 Refusal to Submit to Alcohol or Drug Test Notice of Revocation of Your Driving Privilege 15-Day Driving Permit.

            In either case, you have a very limited time in which to act.  If you received a Form 2385, you must file a request for a hearing within 15 days of your arrest or your driver’s license will be suspended or revoked.  If you received a Form 4323, you have only 30 days to file a petition in court or you will lose your driver’s license for at least one year.

            If you have been recently arrested for a DWI, it is crucial that you consult with an experienced DWI attorney right away.  St. Louis Criminal Defense Attorney W. Scott Rose handles misdemeanor and felony DWI cases in St. Louis County, St. Louis City, Jefferson County, and St. Charles County.  Call (314) 812-4700 to schedule your free initial consultation today.




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