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DWI

Did you get a DWI on the July 4th weekend?

combschris1 · July 23, 2019 ·

Introduction

Now that we are done with the 4th of July festivities it’s time to review one of the not-so-fun parts of our countries’ birthday.  We can all agree that the 4th of July is one of the best holidays of the year; the sun is shining, we get to celebrate how awesome it is to be American with our friends and family, and of course, we indulge in food, fireworks, and in most cases, booze. 

If you’re careful, you can make it to Monday with your dignity and criminal record intact, but if the cops catch you, you will finish your weekend charged with DWI (driving while intoxicated) or even charged with BWI (boating while intoxicated). If you’re part of this latter group, here’s what a DWI/BWI charge means for you in Missouri and what you should do next. 

What are the DWI Laws in Missouri?

In Missouri, if your BAC (blood alcohol concentration percentage) is 0.08% or more, you will be charged with a DWI – you do not need to show any other signs of intoxication, and if your BAC is over 0.15% there is a chance you will receive an enhanced penalty. If you are under the legal drinking age your BAC can be no higher than 0.02%, or you will be charged with DWI. 

The maximum penalties for DWIs in Missouri are as follows: 

1st Offense: Class B Misdemeanor – 6 months jail time, your license will be suspended for 30-60 days, and a maximum of a $1,000 fine. 

2nd Offense: Class A Misdemeanor – 12 months jail time, your license may be revoked for up to 5 years, up to a $2,000 fine. Your vehicle may also be fitted with an IID (ignition interlock device) for six months or more. 

3rd Offense or more: Class D Felony – 4 years in jail, a 10-year license revocation, a maximum of a $10,000 fine, and your vehicle may be fitted with an IID for six months or more. 

Consequences of drug intoxication are the same as alcohol.

It goes without saying that jail time or revocation of your driving license can have severe implications for your freedom, your family, and your career. A DWI charge can spell disaster for your career, and if driving is a required part of your job you may find yourself without a job to return to. If you’re concerned, speak to a DWI attorney as soon as possible. 

Can I Refuse to Give Consent to an Intoxication Test?

If you refuse to give your consent to submit to an intoxication test, you are automatically found guilty of a class A misdemeanor, the officer has probable cause to assume you are indeed intoxicated, and refusal results in automatic suspension of your license for 12 months. 

How Long Does a DWI Stay on Your Record in Missouri?

A DWI stays on your driving record for 10 years for a first offense. If this is your second DWI, it stays on your record forever. You must also petition the court to have your first offense removed from your record, otherwise it will stay there. 

Missouri DWI School

Before your license is reinstated you must attend a Substance Abuse Traffic Offender Program and pay for a mandatory alcohol treatment evaluation. If you are a first offender and your BAC is high, you may have to attend a weekend intervention program. 

4 July DWI Statistics 

You may not be surprised to learn that DWI charges are more prevalent during the 4th of July weekend, as are deaths due to DWI, but you may be surprised to learn just how much more prevalent. The period of time included is from 6pm the day before to 11.59pm on Sunday night. 

On average, 47% of drivers killed during the 4th of July weekend are caused by DWI. 

In 2017, 40% of all traffic deaths were alcohol-related, and in that year there were 10,874 alcohol-related deaths on the road, which works out at one every 48 minutes. 610 of these fatalities were caused over the 4th of July period, of which 39% (237) fatalities occurred in alcohol-related crashes. This is a 23% increase from 2016, during which 192 people were killed. 

This year (2019), the Missouri State Highway Patrol reported 12 on the road fatalities and no boating fatalities. Troopers attended 376 crashes, including 139 injuries and 9 of the 12 fatalities. Troopers made 160 DWI arrests and 110 drug arrests. 

Missouri Troopers also attended 11 boating crashes, with just 5 of those causing injury. They made 12 BWI arrests and 28 drug arrests.

In 2018, Missouri Troopers attended 437 crashes, which resulted in 4 fatalities and 220 injured. They made 40 DWI arrests. So, though there were fewer crashes this year, 2019 has been 3 times as deadly and there have been 4 times as many DWI arrests. 

Clearly, DWI arrests are on the rise and are more prevalent than they have ever been before. This is likely due to a step-up in efforts by the Missouri State Highway Patrol, rather than an increase in people choosing to drink and drive. 

I Got a DWI This 4 July, What Should I Do?

If you were one of the 160 DWI arrests in Missouri this year, you need to act fast to minimize the impact this DWI has on your life. After you are charged there will be an arraignment, which is where your DWI charges are read aloud in court. You should have an opportunity to speak with a DWI lawyer before this, and you should absolutely do so, as you will have to plead guilty or not guilty to the charges and the wrong decision may have serious implications on your life. 

If you’ve been charged for DWI, whether it be your first offense or your third, it’s vital you seek the right representation quickly. We have experienced DWI lawyers in the St. Louis Metro area, we offer a free consultation, and we’ll aggressively fight your charge the moment you need us to. 

Our clients benefit from 24/7 access to us, and we’ll support you with absolutely no judgment. If you fear for your future, contact us today to minimize the effect this DWI charge has on your life and your family. 

Now that we are done with the 4th of July festivities it’s time to review one of the not-so-fun parts of our countries’ birthday.  We can all agree that the 4th of July is one of the best holidays of the year; the sun is shining, we get to celebrate how awesome it is to be American with our friends and family, and of course, we indulge in food, fireworks, and in most cases, booze. 

If you’re careful, you can make it to Monday with your dignity and criminal record intact, but if the cops catch you, you will finish your weekend charged with DWI (driving while intoxicated) or even charged with BWI (boating while intoxicated). If you’re part of this latter group, here’s what a DWI/BWI charge means for you in Missouri and what you should do next. 

Contact us now and we’ll give you a free consultation

The Truth About Blood Alcohol Level & The Breathalyzer

combschris1 · June 3, 2018 ·

All You Need to Know About Breathalyzer’s, BAC’s, DUI’s & DWI’s in The State of Missouri.

One of the most common questions we get from people at Combs Law Group is: “If I get pulled over for drinking and driving should I agree to take the breathalyzer test?”; or for clients who have been arrested for a DWI: “Would it have been better for me to not take the breathalyzer?”. These are the questions you should be asking yourself, and this article will explain in detail, the choice to blow or not blow as well as the consequences of that decision.

For a criminal defense lawyer, the breathalyzer test and the blood alcohol level (or blood alcohol content | BAC) are typically the centerpiece for most DWI cases we fight. Now we don’t condone drinking and driving, and we urge our clients to always drink responsibly. However, we also think that there are many instances where people are wrongly arrested and charged with DWI solely based on a test that can potentially provide bad data on your blood alcohol level.

Therefore, since it’s such a critical factor in the DWI and DUI practice areas, we thought we would provide a thorough overview, from a DWI attorneys point of view, of the breathalyzer testing and some recommendations as to whether to take the test or not.

Unfortunately, it’s not a simple yes or no and is complex, as is the case with most legal questions like this. However, once you’re done reading this article you should have some easy guidelines to remember if you’re ever pulled over by law enforcement and accused of driving under the influence. Or if you’re currently facing a DWI and recently took (or didn’t take) the breathalyzer, you can get a better understanding of your current legal situation. For additional clarity, please call us for a free DWI/DUI consultations at 314-578-1465.

What is a Breathalyzer and how does it work?

First and foremost let’s start with some basic information about the breathalyzer, it’s importance, and how the process works. If you have been drinking alcohol and get pulled over by a police officer for driving while intoxicated (DWI) or driving under the influence (DUI), which are used interchangeably in Missouri, you will probably have your first experience with a breathalyzer test. The breathalyzer test typically involves a device that is used to provide an indication of your blood-alcohol level. The test results are then used by the authorities to issue charges for driving under the influence of an intoxicating substance. If the breathalyzer registers a blood alcohol level of 0.8 or above, you will be arrested and taken to jail in most instances. The breathalyzer is usually a portable device that has been approved by the National Highway Traffic Safety Administration and it detects traces of ethanol in your breath when you blow into it. What the device is measuring is the alcohol concentration in your breath.

When you consume alcohol (Ethanol) it makes its way into your bloodstream after being easily absorbed into the body. It is not a digestible substance. When alcohol arrives at your lungs, through circulation, a part of it can evaporate through the breath when it crosses the lung sacs. The more alcohol you have consumed, the higher the amount of vaporized alcohol passes out of your alveoli. The breathalyzer measures the amount of alcohol in your blood when you breathe out into the device. The stable ratio of the amount of alcohol in your bloodstream, based on the amount of ethanol measured on your breath, is 2,100-breath alcohol to 1 blood alcohol. Which means that when the breathalyzer measures the level of alcohol in your breath, it then converts that measurement to blood by dividing it by 2100. Now that’s quite a bit of scientific jargon, but what’s important here is that the 2100 number is a statistical average, and can vary from person to person. Remember this, because we will come back to this point shortly.

So because of its ability to determine a person’s level of intoxication, the breathalyzer test is an essential device for police officers to instantly determine if a person has been drinking, and potentially under the influence. They do not need to send the suspect off to a lab or to the ER to draw blood, instead, they can get the results immediately by getting the suspect to breathe into the breathalyzer, either on the scene or at the station. A lot of times, law enforcement will conduct a PBT or preliminary breath test, that does not register a BAC, but rather detects if there is any alcohol in your system. Subsequently, they will then perform a blood alcohol level test to determine the specific number.

Most police officers would agree that it can be difficult to know if you are intoxicated or not when they pull you over. They may know that you’ve been drinking, but in many cases, drivers who are over the legal limit can show no signs of intoxication. They can, however, conduct on-site tests to be able to ascertain probable cause (a reading of 0.8 or higher), which means their suspicions, can be confirmed at the scene that a crime has been committed and you will be arrested. This, in essence, makes the breathalyzer the main factor for any DWI case and will be the focal point for any good criminal defense attorney.

Interestingly enough, if you are under the age of 21 in the State of Missouri the Missouri DWI Laws are a little different. Your BAC level has to be 0.2 or less otherwise, you will be arrested for drunk driving. This is due to the zero-tolerance law brought in to try and discourage underage drinking and driving.

Many police officers will tell you that if you REFUSE the breathalyzer, according to the Missouri Implied Consent, you will automatically lose your license for 1 year. If you take anything away from this article, let it be this. THAT IS NOT TRUE. With the help of skilled criminal defense lawyer, there is a way to protect your driving privileges under the right circumstances. Combs Law Group has worked several DWI cases where the client refused the test and was at risk of losing his/her license. Fortunately, with many of those cases, we’ve been able to create a path toward license renewal before the mandatory 12 month period. Contact us today to discuss your options if you refused the breathalyzer test.

The History and Controversy of the Breathalyzer Test

The breathalyzer has been around for a while, so let’s review the history of the test and its infallibility. Research into a breathalyzer device first started in 1874, but it didn’t gain traction until 1902 when vehicles started being manufactured on a large scale. From the outset, there were people who would drive drunk, and the first drunk driving laws came into being in NYC in 1910. Back then the officers would look for signs of intoxication, like alcohol on their breath, bloodshot eyes, inability to walk a straight line or touch their nose. Emil Bogen’s research in 1927 on the comparison of breath alcohol content (BAC) to the subject’s blood alcohol concentration (BAC), led to the development of the drunk-o-meter designed by Indiana University professor, Rolla Harger in 1938. This was the forerunner of the portable breathalyzer device invented by Robert F. Borkenstein in 1954. Over the years the breathalyzer has evolved, where today you even get ignition interlock devices that utilize the latest in fuel cell technology to accurately measure a DWI offenders blood alcohol content. Sadly, all of the innovations haven’t stopped drivers from getting behind the wheel when they are intoxicated.

There has been an ongoing controversy of the validity of breathalyzers as evidence in a court of law. The questions that are frequently asked about the breathalyzer test include:

  • How accurate are the devices?
  • How important are they to a prosecutor in a DWI/DUI case?
  • Can their reliability as accurate predictors of true blood alcohol content be attacked?

If you make the decision to blow and your blood alcohol level registers above a .08 in the State of Missouri, that is just more evidence for the prosecution that you were intoxicated. Unfortunately, often the result is that the defendant will be presumed guilty and will have to attempt to prove their innocence, instead of the other way around. Along with the field sobriety tests, the jurors will have a broader picture of the state of a defendant when they were pulled over by the officer. However, standard field sobriety tests are said to be completely subjective. The true performance might not be reported and the same concerns have been leveled against the breathalyzer for many years.

When a police officer conducts a breathalyzer test, the person agreeing to the test must be continuously observed for 15 minutes before the test is given. If during the 15-minute period the subject smokes, drinks vomits or burps, the observation must be started again to get an accurate reading. If these rules are not observed, a lawyer will be able to challenge the reliability of the breathalyzer test and its admissibility in Court.

Other “Clues” Law Enforcement Officers Use to Determine Intoxication

A DWI enforcement officer in Missouri must have “reasonable suspicion” of wrongdoing before stopping a driver to investigate further. They might notice that a driving violation has occurred or there is unusual driving behavior. These could include things like failing to stop at a stop sign, weaving outside the designated line, failure to use turn signals or wide-radius turns. All of these are “clues” that the driver is not in control of their vehicle and could be driving under the influence of drugs or alcohol. The enforcement officer would need more than “reasonable suspicion” to arrest a person, and will first have to define “probable cause”.

The Missouri State Courts define “probable cause” as: “knowledge of facts and circumstances sufficient for a prudent person to believe a suspect is committing or has committed an offense.” State v. Tokar, 918 S.W.2d 753 (Mo.banc 1996), cert. denied 519 U.S. 933.

In order to make a DWI arrest, there must be legally sufficient probable cause that can be gathered by subtle roadside questioning. If the officer detects the odor of alcohol, with the driver using slurred, incoherent or muttered speech, he would ask the driver to step out of the car to conduct DWI standard field sobriety tests (SFST). The fact is that the bar is very low when it comes to probable cause for a DWI. An officer can merely smell alcohol coming from inside the vehicle and have probable cause for conducting a field sobriety test.

The Standardized Field Sobriety Test (SFST)

Police officers who are trying to determine the level of inebriation of a driver usually conduct The Standardized Field Sobriety Test (SFST), promulgated by the NHTSA in 1981, comprises 3 different tests to gauge if a driver is impaired. These three tests, developed in the 1970’s, are the horizontal gaze nystagmus (HGN), one-leg stand and the walk-and-turn tests. The findings of these tests are admissible as evidence in a court as they have been scientifically validated and are adopted by most states in the U.S.

The HGN test involves an officer observing the eyes of a drunk driving suspect as they horizontally follow a slow-moving object like a small flashlight or pen. Horizontal gaze nystagmus refers to the involuntary jerking of the eyeball as it gazes to the side. In a normal person, nystagmus will only happen when the eyes are rotated at high peripheral angles. There are three indicators of impairment due to intoxication: if the eye is unable to track or follow the moving pen or finger smoothly, if the eyeball jerking is distinct and sustained nystagmus when the eye reaches maximum deviation, or if the angle is 45 degrees of center prior to the onset of jerking. Therefore, it is very difficult to “cheat” your way past this test, since it measures your involuntary eye movements. However, this test is often challenged in Court by diligent criminal defense attorneys.

The walk-and-turn test involves getting the subject to take 9 steps along a straight line, touching heel-to-toe and then turning on one foot to return in the opposite direction again walking heel-to-toe. There are 8 possible indicators of impairment:

  • If the balance cannot be maintained while listening to the police officer’s instructions
  • If the subject starts walking before the instructions have been completed
  • If they have to stop midway to regain their balance
  • Is unable to touch heel-to-toe
  • Needs to use arms to balance
  • Steps off the line
  • Takes the wrong number of steps
  • Makes an improper turn

A validation study of this test conducted in 1998 found that 79% of subjects who exhibit two or more of the above indicators will have a blood alcohol level of 0.08 or higher on the breathalyzer test.  However, that leaves 21% of those who failed the test were sober. Therefore, failing these tests does not mean that a good DWI lawyer cannot challenge the validity of the tests or if they were performed properly.  The one-leg stand test involves the subject standing with one foot approximately six inches off the ground. At the same time, they have to count aloud beginning with one thousand until they are instructed to put their foot down by the officer. This test is usually conducted for 30 seconds as the officer looks for 4 indicators of impairment:

  • Swaying while attempting to balance
  • Using arms to balance
  • Hoping to attempt to maintain balance
  • Putting the foot on the ground

83% of individuals who exhibited two or more of these indicators in the performance will have a blood alcohol level of 0.10 or greater (1998 validation study). Again, that leaves a 17% chance that the test is wrong.

The officer is expected to ask a DUI suspect is there is any reason why they can’t perform these three tests. The subject’s answer must be recorded in the report. For example, they might be suffering from an eye condition that would give a negative result on the HGN test or perhaps the person is struggling with an injury/disease, which would not allow them to execute the one-leg test effectively. This test is to be performed on a flat service, in a safe area. There are many issues that a criminal defense attorney can use to challenge these tests, from the conditions in which you take it to the shoes you are wearing when the test is performed.

You’ve probably heard people often joking “I couldn’t do that if I was sober.” when talking about field sobriety tests. It’s true, as we’ve just uncovered a certain percentage of the population are unable to perform the specific tasks in the test while sober. Which opens up some serious questions about the validity of the testing itself. Unfortunately, police officers don’t typically take these factors into consideration and will likely charge someone with the DWI or DUI even if they are legal under the limit and refuse the breathalyzer.

Another critical part of this post and something you should always remember is that the police are there to investigate a crime. Their investigation is in turn sent to the prosecutor who evaluates the evidence and then actually issues the charges depending on the evidence. Therefore, the police do not have discretion when it comes to charging a crime, which is solely in the hands of the prosecuting attorney’s office of that jurisdiction. They are trying to do everything in their power to gather as much evidence as possible. So the more you say and the more you cooperate, the more likely it is that the charges will be filed. Most criminal defense lawyers will tell you it’s best to keep quiet and do the bare minimum for the police officer.

The Problem with Breathalyzers…

Another big factor is that breathalyzers have been known to produce false, invalid and inaccurate results. This can be due to improper calibration required for changes in ambient temperature. A subject’s pattern of breathing can seriously affect tests validity. If you hold your breath for 30 seconds, you could see a BAC levels rise from .07% to .081%. Also, hyperventilation can lower the blood alcohol level, thereby giving a false reading. It has been discovered that breath test results (BrAC) are 15% higher than blood test results. The machine could also be faulty from lack of proper maintenance.

Another factor is that diabetics (and undiagnosed diabetics) have acetone (which tests as ethanol) levels that can be hundreds or even thousands of times higher than a normal person giving higher BAC readings. Therefore, it’s important to note that 3 out of 10 people are undiagnosed diabetics. Furthermore, high acetone levels can also be found with people on specific diets like the “Watkins diet”. In sum, a qualified and experienced DWI lawyer or DUI lawyer has many ways to challenge a breathalyzer.

If a person works with substances like paint, cleaning solvents, ethers, lacquers or other alcohols as part of their jobs, they could show a false positive result. The aforementioned ratio of 2100:1 is not a true number for all people as an individual’s partition ration can vary from 1300:1 to 3000:1.  If a person has just consumed an alcoholic beverage, the alcohol in the bloodstream is still in the absorptive phase and will register a very high BAC where the actual level is much lower in the bloodstream.

A disease like periodontitis and acid reflux can also result in “alcohol” being present in the mouth, which results in an invalid test. People who have been smokers for many years also test with higher BAC levels because of the presence of acetaldehyde in their systems. Even Radio Frequency Interference (RFI) can affect the validity of a breathalyzer test.

The elements impacting the test all relate back to the time of the test, the results of the test, the time of the driving, the time of the last drink consumed and the last known food eaten. The computation of all of these factors used in a DUI/DWI case is commonly known as retrograde extrapolation. But the bottom line is that the breathalyzer test is not exactly a foolproof test. It can throw false positives under a variety of circumstances, which makes it a dangerous component to any DWI case.

If you haven’t been drinking very much and you’re asked to take the test, you might be better off asking for a blood test. It will take time to get to a hospital, get your blood drawn and tested, all things that can put more time between your last drink and when your BAC is tested.

The Process from Arrest to Agreeing to A Breathalyzer Test

As stated previously there must be probable cause for a traffic stop and a subsequent DUI or DWI arrest. If the officer concludes that the subject has alcohol or drugs in their system, they do not necessarily have to perform a breathalyzer test at the scene. They can take the person to the police station or hospital for an evidential specimen (breath, blood or urine) especially if a breathalyzer device is not available. If a driver refuses to take the breathalyzer or SFST tests without a “reasonable excuse” they can be arrested under the “implied consent” law. If they do agree to the breathalyzer and they are not over the legal limit this does NOT automatically mean that you are off the hook.

As mentioned above, the police officers investigation in a DUI or DWI arrest is very much subjective, and you can be found under the influence with a blood alcohol level under .08. While this is rare, we have seen it. If you fail the test, you will be taken to the police station where two more breathalyzer tests will be conducted. The specimen that yields the lowest reading will be the one submitted to the prosecution as evidence. If at any point you refuse the tests or evidential specimen, you will be informed that they will be rendered liable for prosecution –it is a criminal offense after all and requires the help of the very best criminal defense lawyer available to you.

In Missouri, under Missouri Implied consent it will automatically result in a one-year suspension of your driver’s license. However, as mentioned above, this is often used as a scare tactic by law enforcement to elicit a BAC, as this bolsters their claim that you are driving under the influence. It is not an automatic one-year suspension. If you do indeed refuse ALL tests and you have never had a DUI or DWI before there are legal remedies to challenge the validity of the refusal (which is an issue in many cases), and you can never lose your license. Furthermore, there are filings that a criminal defense lawyer can make to challenge whether or not you were intoxicated, this is called a Petition for Review (PFR).

In some cases, a police officer can request a judge to issue a warrant for your blood if you refuse the breathalyzer. If that occurs, you’ve likely been involved in a DWI accident. Blood samples must be taken by a doctor or registered health care professional and split into two vials. One vial goes to the police forensic laboratory for analysis and the second vial is given to the person in order that they can independently test the specimen. Urine samples do not need to be taken by a doctor and two samples must be provided within one hour of arriving at the station/hospital.

Missouri Law on Submitting to Blood Alcohol Tests

So, you might be thinking at this point it’s best to just refuse all the tests since they’re all designed to give the police more evidence. Unfortunately, it’s not that simple. Missouri’s “Implied Consent Law (RSMo § 577.041) states that every driver is deemed to have given their consent to a blood-alcohol test after being arrested upon the reasonable belief that they were driving while intoxicated. There are administrative sanctions given out by the Missouri Department of Revenue Driver License Bureau. You can ask to speak to your lawyer and the officer must give you twenty minutes to call them and have a conversation. The arresting officer will take possession of the valid Missouri driver license and issue a 15-day permit. You essentially only have 15 days to get a Petition for Review of Revocation or Stay Order, to overturn the revocation of the driver’s license. Time is of the essence at this point and you need to get an attorney to assist you with filing this petition on your behalf.

How You Can Challenge the Test Results in Court

With a skilled criminal defense lawyer by your side, you can put up a challenge to your test results in court. The ways and means are determined on a case by case basis, however, here are some examples of legal justifications for the courts to throw out the test results or the entire case:

  • You can contest the legality of the initial traffic stop. A law enforcement officer in Missouri is not allowed to stop a motor vehicle without probable cause or reasonable suspicion. So, an officer can’t pull someone over just because they have witnessed him or her exiting a bar.
  • There has to be a traffic violation or evidence of some criminal behavior before they can pull a car over. If the stop is deemed illegal all evidence obtained as a result of that specific stop may be suppressed.
  • You can challenge the police officer’s observations. Perhaps your bloodshot eyes are a result of allergies, not alcohol, for example.
  • You can challenge the findings of the SFST. These tests are subjective and rely on the police officer’s interpretation.
  • You can request the records of the maintenance check of the breathalyzer device used. They have to be checked every 35 days.
  • If the breathalyzer test was improperly administered by failing to follow the proper procedure you can challenge the findings. A Missouri court will also require proof that the test was properly executed using state-approved techniques by a person holding a valid permit using approved equipment.
  • You can challenge the breathalyzer results. If a test is only administered hours after the stop, they could have a higher BAC level than when they were initially pulled over as it takes a time for the body to absorb the alcohol.
  • If mouth alcohol gives a false positive of a high BAC level. (e.g. mouthwash or spray or cold medication)
  • If the police officer failed to conduct a 15-minute observation period.
  • If the blood test was not conducted by medical professionals or specific procedures were not followed to the letter.
  • If the law enforcement officer failed to give the driver all of the required warnings, notices or did not read the individual his or her Miranda rights.

Conclusion: To Take the Test or not to Take the Test?

It is not ideal to have to refuse a breath, blood or urine test if you are arrested for a DWI or DUI. However, you cannot be forced to give a sample. Ultimately, you have to gauge your level of intoxication and make a decision at the time you’re pulled over. Meaning, if you think you have a chance of blowing under .08, it is almost always worth a roll of the dice. However, in most circumstances, it usually better to refuse ALL tests, otherwise, you’re just providing more evidence of your intoxication. A Missouri DWI arrest could be the start of a long journey as it could take months before charges are filed.

The DWI statute of limitation for the filing of a charge is one year according to Missouri law, specifically section 556.036 with felony crimes having a three-year deadline. You should therefore immediately start building your defense with the help of an attorney well versed in the Missouri DWI laws. If this is your first DWI in Missouri, you will be able to avoid jail time, but if this is a second offense or more you can end up looking at jail time if you do not hire a qualified and experienced DUI/DWI defense lawyer. A second offense could also come with an ignition interlock device (IID) installed in your car along with the one-year license revocation. However, you can still be found guilty even if they do not have proof that your BAC level was above .08%.
Give us a call at 314-578-1465, or fill out the contact form, so we can talk you through the process ahead and assist you with your DWI legal defense regardless of whether you provided a blood or breath sample. We’re here and we’re listening and want to help you fight the hard fight.

 

Suspended Imposition of Sentences (SIS) vs Suspended Execution of Sentence (SES)

combschris1 · February 10, 2018 ·

What is an SIS or Suspended Imposition of Sentence

Having worked hundreds of criminal defense cases in St. Louis, Combs Law Group has faced this exact question (what is an SIS?) from a considerable amount of our clients. It’s a common question because in many of our cases we encounter SIS as the final outcome for the client. The state of Missouri and it’s courts utilize SIS protocol to gain a guilty plea from a defendant in exchange for avoiding a conviction and subsequently place that defendant on probation for a specific term. Therefore, an SIS in MO is a particular type of probation the courts will impose for the defendant. The exact meaning of SIS is “Suspended Imposition of Sentence” and it indicates that no sentence is defined at the time the probation is set. The courts, however, will retain the right to impose a sentence if/when the client causes their probation to be revoked. The actual sentence can be anywhere within the statutory range for that particular felony or misdemeanor conviction. Essentially what it means is that the courts will opt to place you on probation instead of sentencing you for your crimes, setting the imposition of the case aside until probation is completed. This gives the defendant the chance to show the courts that he or she is capable of maintaining a clean criminal record throughout the probation period. For an SIS probation the defendant has the opportunity to avoid any conviction by successfully completing the probation. This occurs when the probation stipulations are met and the case becomes close record in the State under the Missouri Sunshine Law. That means that the conviction will not show up on your criminal record and you could truthfully say that you do not have a conviction on your employment applications. The one exception to that is the arrest will show up for any others subsequent criminal charges and can be used against you in those proceedings.

What is an SES or Suspended Execution of Sentence

Again, this is a question we are consistently having to answer with our clients. It’s less common than an SIS in the cases we’ve handled primarily because we fight hard to get our clients an SIS. An SES is a “Suspended Execution of Sentence” and it’s similar to an SIS in the sense that you are given probation instead of jail time. However, with an SES in MO, the courts will specify a specific sentence at the time of conviction and then suspend that sentence. So even if you walk through your probation without any issues and complete it successfully, the conviction will still show up on your record. That’s a big difference in terms of the long term impact on a defendants life. That’s why it’s critical you work with a reputable St. Louis criminal defense attorney like Combs Law Group. Sometimes it’s very hard to get the courts to opt for the SIS over the SES, and it typically depends on your criminal background, the evidence of the case, relationship with prosecutors, etc. However, there are legal tactics we employ with our clients that look to preempt the courts before the determination is made on an SIS vs SES.

Factors In Obtaining An SIS versus SES

In most criminal cases the decision as to whether a client gets an SIS versus SES is usually determined by the advocacy of the attorney you choose and how hard they fight the case. Therefore, it’s critical to work with an attorney who can develop a strong case for you to present to the Prosecutor. Without an attorney, you’re left trying to make your case yourself and that’s difficult for anyone who doesn’t know the rules and guidelines of the law, furthermore, prosecutors are more inclined to work with an attorney as opposed to a pro se or self-represented client. Working with a top criminal defense lawyer like Combs Law Group can be the difference in whether you receive an SIS or an SES from your charges. Furthermore, in some cases an SES is actually a good outcome for some of our clients. Read on to find out how we’ve utilized SIS probation and SES probation in recent cases we’ve handled for our clients.

SIS DWI Case Story

Again, at Combs Law Group we deal with SIS and SES probations on a regular basis. For our clients we are constantly looking for ways to impress on the Prosecution that the people we represent are good people who made bad decisions. It is our job to put a face to your file and advocate strongly for you. Most of our clients are normally law abiding, tax paying citizens. They just happened to get caught up in a bad situation where they made a bad decision and the law caught up with them the one time they happened to break the law. When this is the case we look to get these clients an SIS and it’s typically a good option for both the client, Prosecutor, and the Judge. However, in some cases where the client has a criminal record we have to fight hard to obtain an SIS. It’s not always possible, but recently we were able to successfully garner an SIS on a client who had a recently been charged with his 3rd DWI. Now anyone who knows DWI laws in Missouri know that over the past 15 years the DWI penalties have increasingly become more severe. And you can argue that in some cases they are too harsh. However, the law is what it is and as criminal defense law firm, we have a moral and ethical responsibility and pride ourselves in getting our clients the best outcomes possible for their case.

In this particular case the client had been pulled over in a local St. Louis municipality after leaving from a restaurant and bar. He was mixing medication with alcohol and the combination caused him to pass out at a stop light whereupon a local police officer pulled up to investigate. The client agreed to a field sobriety test and a breathalyzer test, which he failed, and was charged with a DWI. So although the BAC levels where only .09, the circumstances of the arrest weren’t looking good for the client.

When this client came to Combs Law Group we evaluated his case and made a determination that it would be a long shot to get him an SIS. This was his 3rd DWI and in most St. Louis jurisdictions, a 3rd DWI meant an SIS was not going to happen. However, as we started to look at the mitigating circumstances of the client and case we started to see a pathway to making a case to the Prosecutor for an SIS. Ultimately, the client was handed an SIS with probation terms of 2 years, which was a very good outcome for everyone involved. This was a client who was able to show the courts that he was dealing with his alcohol problem.

SES DWI Case Story

Now in some cases an SES probation, or Suspended Execution of Sentence, is a good outcome for clients with more extensive criminal records. A recent case we handled is a good example of this and we want to outline how the case was handled. The client had a criminal history of being caught up in a drug conspiracy in his late teens and served a considerable amount of time in Federal Prison, a case that Combs Law Group did not represent him on. Therefore, he was already a convicted felon and was charged with Unlawful Possession of a Firearm by a felon. The initial plea offer from the Prosecuting Attorney’s Office was 5 years incarceration in the Missouri Department of Corrections. However, after long and strenuous negotiations, Combs Law Group was able to secure a 5 year SES with 60 days house arrest. In this case, an SIS was not an option as gun crimes have become more common in St. Louis and the Courts are cracking down. In this instance, a felony conviction did not matter to the client as he was already a convicted felon. The goal in this case was to avoid jail time and an SES was able to offer that result, to which the client was very happy.

There are many factors that go into whether or not an SIS can be obtained over an SES, such as; the client’s criminal history, the facts of the case, the evidence, etc. However, with the right St. Louis criminal defense lawyer at your side you might improve your chances of receiving probation versus jail time and avoid a felony conviction. Combs Law Group is proud of the fact that we fight diligently and hard for an SIS whenever it is a possibility and in cases where the client has an extensive record we will fight just as hard for an SES.

If you’re currently facing a criminal charge in St. Louis, Missouri and you want to work with a reputable criminal lawyer in St. Louis. Call Combs Law Group today for a free case evaluation at 314-578-1465.

Violating SIS & SES Probation

Just a real quick comment on SES probation violations and SIS probation violations. In both cases, if you violate your probation by not meeting the stipulated terms you’re going to find yourself in trouble. Unfortunately, this occurs with some of our clients and we find ourselves going back to the drawing board. In our next post we’re going to cover Probation Violations and what to do when the courts or your probation/parole officer violates your probation. If this has just happened to you, call Combs Law Group, one of the best probation lawyers in St. Louis. Once your probation has been violated, you will have a probation violation hearing and will definitely want representation at that hearing. Check out our legal services for St. Louis Mo probation violations.

Important Qualities In A DWI Attorney

combschris1 · December 29, 2017 ·

Here are the top 10 things to look for when you need a St. Louis criminal defense lawyer who can be sure to help you.

Communicative Skills

Your lawyer should be communicative throughout your case. Though the lawyer you are talking to has been through this situation with many clients before, it is likely your first time. You might need regular updates to feel comfortable with what is happening. Make sure your attorney is okay providing you with regular updates and being available to answer questions before hiring them.

Determined

There might be aspects of your case that make representation difficult or at least complicated. A lawyer should do what it takes to ensure a good result for you. You need to be able to feel like your attorney will exhaust all possible options on your behalf.

Integrity

Your St. Louis DWI attorney should be honest with you about your case at all times. From the first time you talk to him or her at the initial consultation, you need to be sure that your lawyer is a trustworthy person.

Investigative Skills

Look for a lawyer with strong investigative skills. He or she should be able to research existing relevant case law, of course, but it is also necessary that you work with someone who can do a bit of investigation as well. For example, there might be some vital piece of information missing from the arresting officer’s report that was overlooked.

Knowledgeable


Your lawyer also needs to be extremely knowledgeable. They should have a deep understanding of the law as well as of the other legal professionals such as judges and other attorneys who might be working on your case in some capacity.

Negotiation Skills

Every good criminal defense lawyer should have strong negotiation skills. This is necessary if you want to have your case settled out of court, which will ultimately save you time and money. Work with a lawyer who can negotiate a deal with the judge.

Polite and Professional

It is imperative that you work with a criminal lawyer who is always polite and professional. Your lawyer will be representing you and acting in your name in court and in front of the judge and other legal professionals. Make sure he or she paints you in the best possible light.

Quick Thinking

When representing a client, an attorney needs to be able to think on his or her feet. Not every situation allows him or her time to think things through for a few days before making a choice. Sometimes lawyers have to make smart decisions quickly.

Realistic

While working with an attorney who exudes confidence is key, be wary of any lawyer who promises you positive results right from the start. So much can happen during a criminal defense case, and an attorney who promises you the results that you want may not be dealing with you honestly.

Caring

Compassion is one of the most important things to look for in a Missouri DWI lawyer. You are facing a very challenging time in your life and you might feel scared. An experienced legal professional understands that you are going through something very difficult and truly cares about helping you through it.

When you are looking for a qualified DUI attorney, make sure you review these important qualifications each must have. This will help ensure you work with the best. More importantly, if you’re currently in the process of finding a St. Louis DWI lawyer please consider Combs Law Group as one of your options. We have worked hundreds of DWI cases in the St. Louis area and will gladly take on your case. Check out our St. Louis DWI lawyer page for more info.

What to do during a DWI traffic stop

combschris1 · December 24, 2017 ·

What to Do During a Traffic Stop for a DUI

If you’ve been pulled over for drunk driving, it is important to consult an experienced DUI attorney in St. Louis, Missouri to defend your legal rights and represent your case. Read the following guide to learn what to do if you’re ever pulled over for a DUI.

Pull Over Safely

From the moment you see police lights in your rearview mirror, your actions will be scrutinized and documented for an official police report. Remain calm and find a safe spot to pull over without slowing down too abruptly or driving erratically. When you are parked, keep your hands on the wheel, and avoid making any sudden movements to demonstrate to the police officer that you are not a threat.

Be Honest

When speaking with the officer, be sure to be respectful and honest. It is also important to comply with all instructions. Give the police officer your full name, driver’s license, and vehicle registration. When asked if you’ve been drinking, either answer truthfully or refuse to answer the question. If you lie about drinking and driving, it can be held against you in court.

Carefully Consider Taking a BAC Test

Missouri has an implied consent law, which means that you must agree to take a breath, blood, or urine test to determine your blood alcohol content (BAC) if you are arrested for driving under the influence. Refusing to take a BAC test will result in an automatic, 1-year license suspension and may be used as evidence of your guilt in court. If you choose not to submit to the PBT (preliminary breath test which checks for alcohol) or the BAC test it is possible to avoid the 1-year suspension with legal representation.

Appeal Your Driver’s License Suspension

Once you refuse to take a BAC test, the police officer will take your license and present you with a 15-day limited driving permit. You will have 30 days to request a hearing to appeal the suspension. If you do not schedule a hearing or lose your case, then your license will be suspended for 1 year.

Document Your Experience

If arrested for a DUI, it is important to carefully document your experience to help fight the charges. Write down everything you can remember about the incident, even if it seems unimportant. Be sure to include the following information in your notes:

How much you had to drink
What you were doing before you drove
Where you were pulled over
What time you were arrested
What instructions the police officer gave you
How the police officer behaved
What you said to the police officer
When and if you were read your Miranda rights
What time you took the BAC test and how long it had been since your last drink.

Consult an Attorney

If you’ve been arrested on a DUI charge, it is essential to consult an experienced DUI attorney in St. Louis, MO to help protect your rights and your future. DUI attorneys are trained to investigate your case and challenge the legality of the charges. DUI attorneys are also skilled litigators and can represent your interests in court, plea bargain down your charges to a lesser offense for first-time offenders, and help reduce the fines and penalties associated with your DUI charge.

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