Combs Law Group

drunk driving laws

Charged with a DWI/DUI in Missouri? Here’s What You Need to Know.

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Content:

If you’ve been charged with a DWI in Missouri you need an experienced, friendly, and established DWI lawyer on your side. A DWI is a charge many people think they don’t need to worry about, and don’t consider getting a lawyer until it’s too late. A DWI, especially a second offense or beyond, is a serious charge and so you need to do everything you can to fight it. 

What constitutes a DWI in Missouri? 

In Missouri, if you are caught with a blood alcohol content over 0.08 you will be arrested for driving while intoxicated. If you are behind the wheel of a vehicle (including a motorboat) while over the alcohol limit or deemed to be intoxicated via drugs (illegal or legal), you can be charged with a DWI. 

Do DUI and DWI mean the same thing?

Yes, while many use the term DUI (Driving Under the Influence), the accepted term in Missouri is DWI (Driving While Intoxicated). 

What are the consequences of a DWI charge? 

Missouri has some of the harshest DWI/DUI charges in the country, and even first-time offenders could face jail time if their case is not properly defended. 

You have 15 days to file for an administrative hearing, which is the best time for your DWI attorney to fight to have your driving privileges reinstated. If you miss this grace period, you’ll likely have your license suspended for 90 days. If you have the right defense, you may be able to get restricted driving privileges instated instead. 

A first offense DWI is a class B misdemeanor, meaning you may get up to 8 points on your license, up to 6 months jail time, 90-day license suspension, and a fine of up to $500. 

If this is your second DWI you need to find an experienced DWI lawyer in St. Louis to defend you as soon as possible. A second DWI usually comes with an instant 12-month driving ban, up to a year in jail, and a fine of up to $2,000. 

Of course, these are simply the legal implications. You also need to realize the impact of losing your license, having a criminal record, and even doing jail time may have on your life. If you are convicted of your DWI charge you may not be able to drive to earn your living, and if you go to jail your family may struggle to cope without you. Don’t leave it to chance, get a DWI attorney to fight for your freedom. 

Why is it important to act quickly? 

In Missouri, a DWI has two components; a civil case and a criminal case. If you act quickly, your chosen DWI lawyer will be able to act straight away to protect your driving privileges (the civil side of your case) immediately following your arrest and for the rest of your case. If you refused to take a breathalyzer test you will be facing an immediate 12-month driving ban, which a DWI lawyer can combat by filing for restricted driving privileges as soon as possible. 

The criminal side of your case will take part in the courts where you were charged. While the laws are the same across Missouri (as seen above), the way they are enforced can vary from one municipality to the next, so it’s important to find an experienced and established criminal defense lawyer represent you and fight your charges. 

What area does the Combs Law Group cover? 

We cover most cities and municipalities in the St. Louis metro area. If you were charged in St. Louis, it’s extremely likely that we can represent your case. Below you’ll find some of the areas we cover, but if you aren’t sure, you can find a full list of the areas and zip codes we cover here.

What will a DWI lawyer do for me? 

Each lawyer’s process varies, so we can only tell you about our process. Our clients sit down with Chris Combs personally for a free consultation to discuss the circumstances around their case and suggest a strategy moving forward. If they are happy to go ahead and work with us, they will become a priority on our list and have access to us 24/7 should they need us. 

To find out more about working with us on your DWI case, click here to call us, or contact us today by filling out a form to arrange your free consultation.

We aim to get back to every inquiry in just two hours, so it won’t be long before you have the best St. Louis DWI lawyer working on your case. 

Driving Under the Influence: Can I Be Charged for Prescription Drugs in Missouri?

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Introduction

Gone are the days of saying the alphabet backward, nowadays, if you are pulled over on suspicion of driving under the influence – be it alcohol or another substance – the police have numerous ways to detect what’s in your system. With breathalyzer tests, urine samples, saliva tests, and blood tests, they can detect whether or not you’re driving with something in your system. 

Here in Missouri, having drugs in your system (prescription or otherwise) is only a violation if you are behind the wheel of a vehicle, but any level of drug in your system may lead you to be charged with Driving Under the Influence. If you take any prescription drug which contains a warning about operating heavy equipment or machinery, you may be charged with a DUI/DWI if you are pulled over or get into an accident. 

Can I Refuse a Test?

In Missouri, you give your consent to being tested simply by using public highways. If you refuse, your license will be suspended for one year, and you will most likely be charged with a DWI regardless of what’s really in your system based on the officer’s evidence. 

Can I Get a DWI/DUI Conviction Expunged? 

No, in Missouri you cannot have a DWI/DUI conviction expunged (removed) so it will remain on your criminal record and driving record forever, which is why it’s so important to have an experienced and confident DUI attorney on your side. 

Do DWI Laws in Missouri Deal with Prescription Drugs?

The punishments and penalties for driving under the influence of any drug are the same as driving under the influence of alcohol in Missouri. Besides the criminal punishments, you’ll also have eight points added to your driving record if you are convicted for a Driving Under the Influence of Drugs (DUI-D). 

The maximum penalty for a first-offense DUI-D is six months in prison, a fine of $500, a driving ban, and is considered a Class B misdemeanor, so if you’ve been arrested for a DUI for prescription drugs hire a DUI attorney to help you get the best outcome possible. 

What Should You Be Aware of When Taking Prescription Drugs and Driving? 

Be aware that many prescription drugs can alter your perception and a cocktail of prescribed drugs may have an even more severe effect. Taking more than the prescribed dose may put you in a difficult position, even if there aren’t any warnings in the drug’s documentation about operating heavy machinery, as can mixing different prescription drugs. 

Remember that drugs affect everyone differently, so just because one person feels completely normal on the drug you’ve been prescribed, it doesn’t necessarily you will be okay to drive. If the drugs you are prescribed alter your reaction times, impair judgment, make you feel sluggish or drowsy, or cause your muscles to relax or twitch, they may cause you to get a DUI. 

You should also be aware that a doctor’s note will not excuse you from a DUI. 

Are Any Specific Prescription Drugs More Likely to Get You a DWI? 

Everyone reacts to drugs differently, so it is difficult to narrow down specific medications which will result in a DWI charge. However, some medications you need to be wary of when getting behind the wheel, are: 

  • Medical Marijuana (this is not legal under any circumstances) 
  • Sleeping Aids 
  • Valium (just 10mg can cause a level of impairment comparable to 0.10 blood alcohol) 
  • Antidepressants (especially if they have a sedating effect) 
  • Decongestants (cold and flu medications) 
  • Antihistamines (some slow reaction times) 
  • Anti-anxiety medication 
  • Hydrocodone (in Vicodin, has similar effects to opiates and codeine) 

How Are Prescription Drugs Detected?

Prescription drugs will not show up in a breathalyzer test, but as a Missouri road user, you agree to testing by blood, urine, or saliva if an officer believes you are under the influence. Many drugs show up in a urine or blood test for hours, days, or even weeks after taking. 

There are “Drug Recognition Experts” (DREs) who are officers who have undergone specific training to spot visual signs of drug impairment in motorists, such as eye movements, color and dilation, behavior and movement, and other cues. 

What Should You Say if You are Pulled Over and Charged Because of Prescription Drugs? 

If you are under the influence of a prescription drug and are pulled over by an officer or involved in an accident, provide them with your insurance and registration and comply with their requests if they ask you to get out of the vehicle. Be aware that if they believe you are impaired they will watch to see how you get out of the vehicle and if there are any signs that you aren’t in full control of your faculties. 

If they ask you to submit to sobriety tests beyond a breathalyzer, and are under the influence of a drug, politely inform the officer that you need to call a criminal lawyer. If you have not consumed any alcohol or are below the legal limit, it won’t hurt (and may help) you to submit to the breathalyzer test. 

If you refuse the tests, they may choose to arrest you then and there or ask you further questions, but continue to inform them that you won’t answer any questions until you’ve spoken to your lawyer. 

At this point, the officer will read you Missouri’s Implied Consent Warnings (which are that by being a road user you agree to submit yourself to blood or urine tests) because they believe you to be intoxicated in some way. Comply with the police until you have spoken to your lawyer, who will tell you the best course of action. They will not be able to prevent you from being tested, but they can put you in the best position possible should the results come back in a way that may incriminate you for prescription drug use. 

Don’t plead guilty, even if you feel you are. Let an experienced criminal defense attorney speak for you. 

5 Tips to Help You Avoid a Prescription Drug DUI 

1.) Read side effects and recommendations of prescription drugs carefully

If you are prescribed medication read any documentation provided to see if it warns you against driving or operating machinery. If they recommend that you do not drive while taking the medication, follow those instructions. If you need to drive to function in your day-to-day life, stop driving until you have spoken to your doctor and see if it is possible to use a different, safer medication. 

2.) If you feel drowsy or not quite yourself, don’t drive 

This doesn’t just go for the first time you take a new prescription drug, but at any time while you take the drug or when you get behind the wheel. You may eat or take something that reacts with your medication in a way that makes you feel dizzy or unable to focus, so if at any time you feel unsafe, pull over as soon as you can. 

3.) Consult with your doctor or pharmacist 

If you aren’t sure, talk to your doctor or pharmacist about whether or not they believe it is safe for you to drive. If they don’t believe this medication is suitable, ask them if there is an alternative drug with similar benefits which is more suitable for someone who needs to be able to drive. 

4.) Don’t misuse your prescriptions 

Misusing your own prescription drugs is just as dangerous as misusing someone else’s, so if you feel the urge to take more than the recommended dose do not get behind the wheel of a vehicle and contact your doctor for advice or to have your dosage increased. It can be tempting to take more than prescribed if in pain, but if you need to do this stop driving until you have spoken to a doctor about whether or not it is still safe for you to drive. 

5.) Have an experienced DUI-D attorney 

While having the best criminal defense attorney in St. Louis won’t be able to prevent you from being pulled over by the police in the first place, they will be able to manage the situation and get you the best outcome possible, as unlike driving under the influence of alcohol, you can make a better case for not fully comprehending what effect the drugs were having on you, or whether your behavior was caused by the drugs at all. 

Hire A St. Louis Prescription Drug DWI Attorney 

If you’ve been accused of driving while under the influence of prescription drugs in the St. Louis Metro area, it’s vital you talk to an experienced DUI/DWI attorney as soon as possible. A prescription drug charge is just as serious as a DUI accusation for illegal drugs or alcohol, but an experienced St. Louis DUI lawyer will be able to ensure you get the best outcome possible. Contact Combs Law Group today to arrange a free consultation to ensure you get the very best outcome possible. We aim to get back to all inquiries within just two hours, so you don’t need to wait to receive the legal support you need, and all our clients have access to their attorney 24/7 – so you can rest easy knowing your lawyer will fight for you.

Do you need a St. Louis DWI lawyer if you’re innocent?

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Why you need a good St. Louis DWI Lawyer

Firms that handle drunk driving cases are not there just to help those who were really guilty of the crime. They are there to protect people in sticky situations like yours as well. Working with someone like this can help to present the right evidence, protect your permanent record, lessen or remove the charges, expedite the process, and keep you calm and collected.

A good St. Louis DWI Lawyer Will Present the Right Evidence

The cops that pull people over have a number of tests they can run to determine if the driver was under the influence of something. While these tests have been very helpful in getting a lot of dangerous drivers off the road, they can also get innocent people in trouble. Failure to walk a line could be an inner-ear infection or simple nerves. If alcohol was spilled on you at some point, then you could fail a breath test. Getting a DUI lawyer, such as Christopher Combs of the Combs Law Group LLC on your side will help you to combat the evidence against you by presenting all the right information to show your innocence. Standard field sobriety tests are solely subjective evaluations of the officer and therefore can be attacked by an aggressive DUI defense attorney.

A good St. Louis DWI Lawyer Will Protect Your Permanent Record

Having a charge of drunk driving on your record can be incredibly harmful. This can get in the way of employment opportunities and acceptance to certain educational facilities. Having a good attorney help you will include ensuring that your record stays as clean as possible. This one benefit can have a lot of long-term help for you.

A good St. Louis DWI Lawyer Will Reduce or Remove the Charges

It is not always possible for a good attorney to completely remove the charges against you. Even if you were not driving drunk, there was something in your conduct that caused the cops to pull you over. Sometimes enough evidence can be produced to drop the charges altogether, and you can walk away without any negative consequences. In most cases, however, the charges will have to remain in some form. The real benefit comes in lessening those charges. Instead of a felony DUI, it can be reduced to careless and imprudent or reckless driving. These are much less serious infringements.

A good St. Louis DWI Lawyer Will Expedite the Process

The sooner you can be done with this situation, the better. Trying to navigate the mess of red tape and legal jargon on your own can take a really long time. You need a good attorney to help speed things up.

They Will Keep You Calm and Collected

The biggest mistake a lot of people in your situation make is coming to court full of anger and frustration. While this is a frustrating situation, you will not get any help from acting in an erratic manner. You need to appear calm and collected. Having someone there to be your representative and to train you in the proper way to act can be very helpful in presenting the right image.

This is a stressful situation no matter how you look at it. Whatever led to you getting caught up in the middle of it doesn’t matter. What does matter is that you get the help you need. Getting the help of Christopher Combs and the Combs Law Group LLC will help you make sense of the situation and come out as unscathed as possible. There is no reason you should have to pay the price for a crime you did not commit.

Areas Served

We proudly represent clients throughout the St. Louis Metro area including the following municipalities and counties: Affton, Florissant, Chesterfield, University City, Oakville, Wildwood, Ballwin, Mehlville, Kirkwood, Hazelwood, Maryland Heights, Webster Groves, Ferguson, Spanish Lake, Manchester, Lemay, Overlan, Concord, Creve Coeur, Clayton, Bridgton, Jennings, St. Ann, Crestwood, Bellenfontaine, Town and Country, Berkley, Richmond Heights, Maplewood, Ellisville, Ladue, Des Peres, Sunset Hills, Brentwood, Eureka, Olivette, Sappington, St. John, Black Jac, Shrewsbury, St. Charles County, St. Louis County, Jefferson County, Franklin County, Lincoln County, and Warren County, Ste. Genevieve County

Disclaimer

The information on this site is for informational purposes only and should not be interpreted as legal advice. No formation of the attorney-client privilege is created by the use of this site. The choice of an attorney is an important one and should not be based solely on advertisements.