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Did You Get a DWI on Super Bowl Sunday?

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For football fans, the most important night of the year just passed – and it was especially important for us here in St. Louis, Missouri, as the Kansas City Chiefs beat the San Francisco 49ers 31 to 20, 50 years after their last Super Bowl win. 

Understandably, people all over the state were doing some serious celebrating on Sunday, and that always means some unlucky people get a DWI due to the increased police activity. Whether you’re driving your friends back from the bar or nipping down the street home after watching the game at a friend’s house, it’s easy to have had just a little too much and get caught over the limit. In the US, Super Bowl Sunday is the biggest drinking day second only to New Year’s Eve. 

All over the country, local and state police increase patrols to catch drunk drivers and ensure no celebratory behavior gets out of hand. Many states have weekend-long initiatives designed to keep drunk drivers off the roads, which means that it’s easier than ever to get caught. 

If you were one of the unfortunate, we’re here to help. Read on to learn everything you need to know if you got a DWI/DUI after the Super Bowl. 

DWI Charges More Than Double 

Safety officials say that the rate of DWI crashes alone increase by over 70% on Super Bowl weekend compared to normal weekends, many of which prove fatal, and data from Alcohol Monitoring Systems show that those who have offended before are 22% more likely to get another DWI. These systems monitor over 530,000 repeat DWI offenders every half an hour for alcohol consumption, who knew they were being monitored and that drinking would result in negative consequences. 

What Kind of Charges Can I Face as a Result of My DWI?

In Missouri, If your blood alcohol concentration percentage (BAC) is over 0.08% when tested, you will be charged with a DWI. There’s no arguing with this percentage with the testing officer and you do not need to look or feel drunk. If your BAC is found to be 0.15% or over you may even receive a worse penalty. 

If you are not yet of legal drinking age, you will be charged with a DWI if your BAC is over 0.02%. 

Most DWIs will result in a misdemeanor, even if your BAC is over 0.15%, provided you haven’t harmed anyone or had a previous DWI charge. If it is your first offense, you can face up to 6 months jail time, you will have your license suspended for 30-60 days, and you will face a fine of up to $1,000. If it’s your second offense you can face 12 months in jail, you may have your license revoked for up to 5 years, and you will face a fine of up to $2,000. 

If your BAC is over 0.15% and you cause injury to others by getting behind the wheel, or if you have offended repeatedly, you may face a felony charge. If this is your third offense or more, you will face a class D felony charge. This is a serious charge, with a maximum penalty of 4 years in jail, your license revoked for up to 10 years, and a fine of up to $10,000. 

What Can I Do to Fight My DWI?

Even a first offense DWI can cause serious ripples into your life, especially if you are forced to serve jail time or have your license revoked. A simple DWI can cost you your freedom, your career, and even your family, if it’s a second offense or if you hurt someone else in the process. It’s important you speak to a St. Louis DWI attorney as soon as possible to look into the circumstances of your DWI and advise you on what to do moving forward. 

How Long Will My DWI Stay on My Record? 

In Missouri, a DWI will stay on your record for 10 years for a first offense – meaning even just one small lapse in judgment can follow you for a decade of your life. If this is your second offense it gets significantly worse, and will stay on your record forever. That’s why you should speak to a St. Louis DWI Lawyer who can help you minimize charges or even get them dismissed, to avoid this at all costs. 

You should also note that your DWI will not automatically be removed from your record after 10 years, and you have to petition the court to have it removed. 

Do I Have to Go to DWI School?

If your license is revoked for any length of time you have to attend a Substance Abuse Traffic Offender Program and pay for the mandatory alcohol treatment evaluation before your license is reinstated. As a first offender, if your BAC was particularly high, they may decide that you must attend a weekend intervention program too, before returning your driving rights. 

Why Hire a St. Louis DWI Attorney for a Super Bowl DWI?

If you were one of the unfortunate people who got caught after the Super Bowl, it’s important you talk to an experienced DWI lawyer as soon as possible to minimize the impact the charge can have on your life. Don’t wait until after your court date – do it now. 

Whether this DWI is your first or your third, it will have serious implications on your life, and so if you were caught in the St. Louis Metro area, we’re here to help you. We’re highly experienced in fighting DWI charges and we will aggressively fight to have your charges minimized or even dismissed. We offer free consultations and 24/7 access to your lawyer so you’ll feel supported throughout the length of your case. 

Many of our past DWI clients have seen success with us and you can read just a few of our successful cases here [link: combslawstl.com/results] and the reviews of our happy customer’s here.

Recently Arrested For A DWI?

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Introduction

We’re launching a new series of blog articles that focus on the different types of cases we specialize in at Combs Law Group.  The hope is to drive more context around why we are the right choice for you if/when you have a run-in with the law. These articles hope to provide you with some insights into a particular area of criminal defense law and when possible we will discuss some of our recent case files.  These are meant to deliver you a more in-depth look at your particular charges and what you can expect as you move forward with your criminal defense. We hope to cover a variety of crimes from serious felonies to simple traffic tickets. Let us know if you have any suggestions on topics as we continue to share our viewpoints and knowledge about criminal defense law. 

We are going to start with one of the most common criminal charges we handle with our clients – DWIs.  

DWI Laws Missouri

With the exception of speeding tickets, DWI (driving while intoxicated) arrests are some of the most common cases any St. Louis criminal defense attorney handles. Every year hundreds of thousands of people drive while intoxicated, and every year thousands of people get caught and charged with either DWI or DUI.  The first DWI laws were passed over a hundred years ago, but up until the early 1980s drinking and driving was still considered a “minor” offense. But over the past 30 years, the DWI laws across the country and in Missouri have become much more stringent, and as a society, we view DWI’s much more seriously. Most of this has been driven by groups like Mothers Against Drunk Driving, who have worked diligently to reduce the number of DWI related deaths over the years. In 2018 Missouri enacted several new DWI laws that cracked down on DWI offenders even more.  Unfortunately, as these laws have been put in place many people have been caught in the crosshairs. You don’t have to look hard to find someone who has been arrested for drinking and driving. If it’s not you, it’s probably a family member or a friend.  

Unfortunately getting a DWI is real and when you get one you have to face both criminal action and administrative action by the state. The criminal side deals with the state laws you broke, while the administrative side deals with your license.  Let’s take a look at the implications on both sides of the DWI defense.

The Administrative Process

Driving is a privilege in Missouri and the state has the right to take that privilege away if rack up enough points on your license.  Getting a DWI conviction is a sure fast way to see that happen. Under the law the state has the right to take away your driver’s license under the following conditions:

  • A first-time conviction results in a 90-day suspension and you might be eligible for a restricted drivers’ license.
  • A second-time conviction results in a one-year suspension and if that second conviction is within 5 years of the previous one then you could receive a five-year license ban.
  • If you are convicted of DWI three or more times you will receive a ten-year ban.

When you are arrested for DWI the arresting officer is obligated to do the following:

  1. Sends an Alcohol Influence Report form (AIR) to the DOR
  2. Sends  a Missouri Uniform Complaint and Summons, or warrant, if applicable to the DOR
  3. A Notice of Suspension/Revocation of Driving Privilege (Form 2385) and a request for a temporary 15-Day Driving Permit (this will only be issued if your driver’s license is taken).
  4. Your Missouri Driver License, if secured.

When the DOR receives this information they will send you the “Notice of Suspension/Revocation of Driving Privilege (Form 2385).  You have fifteen days from that notice to request a hearing.  This is crucial and you should act quickly so that you don’t pass up the opportunity to get a hearing.  Getting an attorney involved at this stage could mean the difference of you taking the bus for the next three months or having the use of your car.

Suspension vs Revocation

Under Missouri law, if you are a first-time offender you are probably eligible for the ninety-day suspension, while those with a suspension or revocation within the past five years will face a one-year revocation.  The big difference between the revocation and suspension is that you may be eligible for a restricted driving privilege under a suspension. That’s typically not available to those under a revocation.  

To Blow or Not Blow?

The ongoing debate to blow or not to blow has been around since the police started using breathalyzers.  Criminal defense lawyers have differing opinions as to whether you should blow or not blow. The fact is that it really depends on your circumstances.  The law is pretty clear – if you refuse to blow you will lose your license automatically for one year. All the same procedural rules apply, so if you do decide to refuse you will be given fifteen days to file a request for a hearing.  It’s true that if you don’t blow the state then doesn’t have a strong case on the criminal side. However, it can be difficult to overturn a one-year revocation because of refusal.

The Criminal Process

When you’re arrested for a DWI you’re typically taken to jail and held until you sober up which is usually eight to ten hours. Upon your release you will be given copies of your tickets and told to show up in court on the date on the tickets.  Depending on the municipality of arrest that date is likely three to five months away. Naturally, you think well I don’t have to worry about it right now. Wrong! As we’ve just stated you have to act quickly right after your arrest to protect your license.  Even though the criminal proceedings can take months (sometimes years), you should get an attorney right away. 

The criminal process for a DWI is highly dependent on your criminal and driving history.  First time DWI offenders are usually facing a misdemeanor B if convicted which can result in six months in jail and a $500 fine.  Most DWI cases don’t go to trial however, and end up with a plea deal where they keep the DWI conviction of their record with an SIS, or sentence in suspension.  This requires that the defendant go on probation for a specific period of time and if they complete it successfully the conviction is dropped.  

Second, third, a multiple offender DWI cases are more complex.  The state in recent years has clamped down hard on DWI offenders, especially repeat offenders.  It’s not uncommon for defendants with three or more DWI arrests or convictions to be facing prison time for a DWI.  Even if those previous DWI’s were over five years ago, the state laws now consider those into the equation when evaluating a defendant.  

When you bring a DWI case to Combs Law Group we fight the battle on both fronts.  We work to protect your license by representing you in your administrative hearing, and we can file petitions with the court for your restricted driving privileges.  On the criminal side, our defensive strategy is dependent upon your specific case circumstances. If you are multiple offenders our goal is to make sure you avoid jail or prison time and any felony convictions on your record.  If you’re a first time offender we work to make sure that you get the best probation terms possible. 

We’ve defended hundreds of DWI cases all around the St. Louis area in many if not all the municipalities.  Knowing the people and the processes that govern those municipal courts is what makes us the best choice for those who are facing a DWI in any of the St. Louis County municipal courts.  We can get you the outcomes possible so just give us a call today.

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

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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

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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

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