Although the number of DWI arrests in Missouri dropped significantly between 2012 and 2013 — from 29,560 to 25,594 incidents — many in the state say that more needs to be done to curb repeat drunk driving offenders. In many cases, drivers in the state are only subject to license suspension; they may not spend any time in custody. Advocates for new legislation want to change that, requiring additional severe penalties for those with multiple DWI charges.

Some new proposals would actually require offenders with two or more convictions to obtain new license plates that identify them as a public health hazard. That way, Missouri police officers would have the right to pull them over for reasonable suspicion, even if the motorist is not necessarily displaying signs of intoxicated driving. It is not clear whether that is truly a possibility under existing legal protections. This type of license plate system has already been employed in nearby Ohio.

State representatives say they are tired of repeat offenders receiving only a license suspension or reduced sentence in connection with multiple DWI charges. One man, a six-time offender during a period of 17 years, had been jailed and ordered to attend rehabilitation. That man was released in 2011 on probation, according to news reports. Representatives say that such examples, along with the arrival of significant drinking holidays such as St. Patrick’s Day, have inspired them to crack down on multiple DWI offenders.

Criminal defendants who have been arrested for drunk driving are not automatically considered guilty, even if they have been formally charged. A Missouri attorney may be able to explain more about defendants’ legal rights and responsibilities. Multiple DWI offenders may have special legal considerations, even if the license-plate legislation is not approved.

Source: KQFX, “Repeat DWI offenders prompt new Missouri proposal” Jillian Fertig, Mar. 11, 2014

The outcome in a Missouri drunk driving case may come down to the distinction between two little words: “and” and “or.” Defense attorneys in the state are seeking to prevent license suspension and other penalties for their clients by arguing that blood alcohol testing equipment must be calibrated using three different values. That camp — advocates for the “and” interpretation of the statute — argues that any evidence collected by a breathalyzer that was not calibrated to all three values should be inadmissible. Health officials say that was never the intent of the law.

In response, the Missouri Department of Health and Senior Services has changed the wording of the breath-testing law, replacing “and” with “or.” Now, officers calibrate the equipment using any of the following values: 0.10 percent, 0.08 percent or 0.04 percent blood alcohol content. Officials say that testing at all three of those values has never been required, so they changed the rule for clarity’s sake.

Still, criminal defense attorneys are experiencing some victories because of the wording of the law. In St. Charles County, two drivers were able to have their license suspension revoked after their breath tests were deemed inadmissible. This has raised the ire of some state officials, but it has also raised hope for drivers who may have been tested with equipment that had not been properly inspected. Prosecutors caution defendants that breath tests are useful in drunk driving cases, but they are not required to achieve a conviction.

Missouri drivers who believe they may have been unfairly tested may benefit from a consultation with a Missouri attorney about their DWI charges. Defendants should not be subject to license suspension or license revocation if they were subject to unreliable breath tests. A Missouri attorney may be able to provide these drivers with additional information about their legal rights.

Source: St. Louis Post-Dispatch, “Missouri disagrees with defense attorneys over possible DWI loophole” Jesse Bogan, Feb. 28, 2014

A Missouri man who has been characterized as a “prior and persistent offender” may face a 45-year sentence in connection with a drunk-driving accident that left three people injured. The 35-year-old man has pleaded guilty to a variety of charges in connection with that injurious accident, including second-degree vehicular assault and leaving the scene of a car accident. Further, the man is accused of driving with an active license suspension in effect on at least two occasions within the past five years.

Authorities report that the man was intoxicated behind the wheel when he caused the car accident in May 2009. A 27-year-old woman, along with a 4-year-old girl and an 8-year-old boy, suffered serious injuries in the accident. The adult victim was in such critical condition that she required helicopter transport to St. John’s Mercy Medical Center. The driver suffered only moderate injuries in the wreck, and he was found after leaving the scene of the single-vehicle accident. It appears that the man was drunk behind the wheel, and the three other victims were passengers in the vehicle when it crashed.

Official reports show that the man is considered a persistent offender because he has racked up two additional DWI charges in his past, along with allegations of excessive blood alcohol content and driving after license revocation. As a result, the man could be sentenced to a total of 45 years’ prison time in connection with the incident. Further, another case is pending from August 2013, in which the man is accused of possessing a controlled substance, driving with a suspended license and resisting arrest.

Even though it would appear that this man is a serious danger to society, he still deserves a fair and unbiased legal proceeding. Offenders who enter guilty pleas deserve the thorough consideration of the court, which is charged with determining an appropriate sentence for alleged crimes. A criminal defense attorney can help these defendants learn more about the implications of driving on a suspended license, in addition to other attributes of their criminal cases.

Source: Daily Journal Online, “Pleads guilty in drunk-driving accident” No author given, Jan. 14, 2014

People across the state of Missouri will be leaving their places of employment in just a few hours, ready to enjoy the long Labor Day weekend. For some this will mean packing up the car and heading out to see family, while for others it will mean calling up friends to have an impromptu picnic at a local park. Whatever their plans, people need to be aware that law enforcement officials will be out on the roads and highways in full force looking to make as many DWI arrests as possible.

Since August 16, Missouri’s state and local law enforcement agencies have been taking part in the annual Drive Sober or Get Pulled Over campaign, a federally funded initiative designed to raise awareness about the dangers of drunk driving and maximize the number of arrests. The campaign, which runs through Labor Day holiday, is taken very seriously by law enforcement here in the Show-Me State, as evidenced by the 714 drunk driving arrests made in 2012’s effort.

As part of their efforts, law enforcement officials will be mounting both statewide sobriety checkpoints and saturation patrols. For those unfamiliar with saturation patrols, it simply means that a larger number of officers will be present in a smaller geographic area, such as those districts home to a larger percentage of bars, clubs or restaurants.

As for the sobriety checkpoints, local law enforcement officials will announce when they will be planning to conduct these operations, but will not reveal a location. To illustrate, the Missouri Highway Patrol announced just yesterday that it would be holding a sobriety checkpoint “sometime in the month of September 2013” in Ste. Genevieve County. Here, the idea is that the prospect of a potential sobriety checkpoint will serve as a deterrent to would-be drunk drivers in that area.

Given the potentially steep consequences of a DWI conviction — license suspension, fines, jail time, to name only a few — those who have been arrested for driving while intoxicated should strongly consider speaking with an experienced attorney to learn more about their rights and their options for challenging the charges.

Source: Missouri Coalition of Roadway Safety, “The message is clear – Drive sober or get pulled over,” August 12, 2013;KRCG, “Agencies begin ‘Drive Sober of Get Pulled Over’ campaign,” Juliette Dryer, August 15, 2013

Under Missouri law, there are a variety of serious consequences for being convicted on drunk driving charges. In addition to potential jail time and fines, a person could lose his or her driving priveleges. On a first drunk driving conviction, an individual typically faces at least 30 days of driver’s license suspension. However, if a person is arrested for driving while intoxicated multiple times, they could get their license revoked for quite some time.

This what might happen to a Missouri man who was recently arrested on DWI charges twice in a week’s time. According to reports from police, the man was first arrested in St. Louis and was also arrested for drunk driving in Fulton a few days later. Both times, he was charged as a “chronic offender,” which could seriously impact sentencing if he’s convicted.

When a person is convicted of drunk driving, authorities may pursue license revocation for specified length of time. Reports say that the man involved in this particular case already has to 10-year revocation periods on his license. The new charges could lead to additional license denial periods. At this point, law enforcement is saying that the man isn’t eligible to have his license reinstated until 2020.

Losing a driver’s license — for any length of time — can have a serious financial impact. If a person is unable to drive, they might not have a way to get to work. As such, it’s important to take repeat DWI offenses especially seriously. With trustworthy legal guidance, a person can determine what legal options they have to work through or minimize the potential consequences of drunk driving.

Source: ConnectMidMissouri.com, “Chronic DWI offender arrested twice in less than a week,” June 11, 2013

Being charged with drunk driving is something that should be taken seriously by all St. Louis residents. The consequences of a conviction aren’t limited to fines or potential jail time. Being found guilty on DWI charges will cause a person to temporarily lose his or her driver’s license in Missouri, even on a first offense.

According to state law, first-time DWI offenders automatically lose their license for a period of 30 days. Any subsequent drunk driving convictions often result in longer periods of license suspension or complete revocation of driving privileges. For many people, being unable to legally drive for any period of time can make it difficult to make it to and from work on a daily basis, which could have a significant financial impact.

Recently, a man from DePeres was pulled over and arrested on DWI charges. At the time of the arrest, the St. Louis County man had four previous drunk driving convictions and a pending DWI charge stemming from an arrest in early April. Because of this man’s record, what will happen to his driver’s license?

Although reports do not indicate whether this man has had his license revoked already, it may definitely be a consideration if he is found guilty of the pending DWI charges. Since the most recent arrest, the man was ordered by the court to wear an ankle monitor that checks his blood-alcohol content at all times.

Not only can a drunk driving conviction impact a person’s occupation in the short term, due to temporary license suspension, it can also harm career prospects in the future. Certain jobs require special driver’s license endorsements, which can be difficult or impossible to receive with a DWI on record. As such, building a strong defense can be an effective way to see that charges are resolved in the most positive way possible.

Source: Kirkwood Patch, “Des Peres Man Who Nearly Caused Collision Collects Fifth Impaired Driving Charge,” Joe Scott, April 23, 2013

• Our firm has experience helping Missouri residents sort through the details of drunk driving charges. To find out more, please see our St. Louis DWI page.