The Wednesday night before Thanksgiving is one of the busiest DWI nights of the year for police departments. A combination of the holiday spirit, a long weekend, and people going out to see old friends leads to many impaired drivers on the roads. Law enforcement is well aware of this pattern so there is heightened DWI enforcement on the streets. Starting the Wednesday before, but lasting throughout Thanksgiving Weekend, law enforcement will utilize sobriety checkpoints and DWI saturation zones in an effort to get drunk drivers off the roads.

It is important to drive responsibly over the holidays, but it also not illegal to have a few drinks and drive so long as you are not intoxicated. Many law enforcement ad campaigns, especially around the holidays, convey the message that if you have anything to drink then it is illegal to drive. This is simply not true. Missouri’s legal limit, which is the blood alcohol content when a person is presumed to be intoxicated, is still 0.08%.

Despite the legal limit, police are vigilant over the holidays about arresting anyone they suspect to be even close to the legal limit. This extra vigilance can lead to the arrest and prosecution of many borderline cases. It is extremely important for a good lawyer to examine the facts and circumstances of any drunk driving arrest, but especially arrests that happen when a person may or may not be intoxicated.

If you, a friend, or loved one has been arrested for suspicion of DWI then it is important to contact attorney Jason Korner for a consultation.

In a matter of hours, children here in St. Louis and across the state of Missouri will be donning their capes, masks and makeup, and heading out for a night of trick-or-treating. However, children won’t be the only ones out enjoying the evening, as countless adults will also be putting on costumes and heading to parties at the homes of friends or area hotspots.

Of course, one of the predominant fixtures at many of these adult-themed Halloween celebrations will not be candy but rather alcohol. In recognition of this fact, law enforcement officials are likely going to be out in full force tonight, conducting sobriety checkpoints and saturation patrols.

For those unfamiliar with saturation patrols, it essentially means a larger number of officers will be present in smaller geographic areas, such as those districts that are home to a larger percentage of bars, clubs or restaurants.

In keeping with the theme of Halloween and drunk driving prevention, it is worth noting that the Utah Highway Patrol has been running a very unique drunk driving prevention campaign in the weeks leading up to Halloween that capitalizes on a very popular horror genre.

Specifically, the law enforcement agency has joined forces with a real local group calling themselves Zombies Against Drunk Driving to raise awareness.

Over the last few weeks, troopers and actors dressed in full zombie makeup have been making appearances everywhere from bars to movie theaters throughout Salt Lake City, scaring “the bajeebees” out of patrons — in a humorous way — about the dangers of drunk driving.

While no such zombies have been spotted here St. Louis, those planning to consume alcoholic beverages this evening should take the time to arrange alternate transportation — designated driver, taxi, etc. — ahead of time, or at least remember to secure a safe ride at the end of the evening.

If you have been charged with underage drinking or drunk driving, you should strongly consider speaking with an experienced attorney who will explain your options, and fight to protect your future.

Source: The Salt Lake Tribune, “Zombies to scare you out of drinking and driving,” Michael McFall, Oct. 23, 2013

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

Recently a judge ruled a sobriety checkpoint invalid in a DWI case because it did not comply with the law. Specifically, the judge held there was a lack of evidence to show the location of the checkpoint had a high rate of drunk driving. Due to the judge’s ruling, all evidence obtained after the stop of the defendant was deemed inadmissible, which essentially ends the prosecution of the defendant. The case will either be dismissed at the discretion of the prosecutor or by the judge for lack of evidence.

In the United States police do not have the right to pull over or stop a car without a valid reason. The only reason DWI Checkpoints are constitutional is because those checkpoints fall into a public safety exception that has been recognized by the Supreme Court. It is important to realize these checkpoints remain an exception to the general rule that police cannot stop anyone they would like. A valid checkpoint must comply with requirements that have been specifically set out by the Supreme Court. Certain criteria must be adhered to such as having a prepared plan for the checkpoint so there is no discretion for individual police officers to determine which vehicles are stopped and which are not. The stops must be completely random and cannot take into account a driver’s age, race, or gender, nor can the type or condition of a vehicle be considered.

While there is no mandatory checklist in Missouri for considering the constitutionality of specific sobriety checkpoints, numerous factors have been repeatedly recognized by courts that have held Sobriety Checkpoints invalid. The primary purpose of a sobriety checkpoint must be to look for intoxicated drivers. It is vital to examine all checkpoints to ensure they comply with the laws laid out by Missouri and by the United States Supreme Court.

Click here to read more information about DWI laws and procedures in Missouri.

Source: www.delawareonline.com – “DUI Check Location Invalid”, Sean O’Sullivan, July 27, 2013.

St. Louis area police have announced that there will be enhanced DWI enforcement over the July 4th holiday weekend. Every year the police focus on drunk driving arrests around certain holidays, and with nice weather and good barbeques the 4th of July is always one of those holidays. St. Louis area drivers can expect checkpoints, but drivers can also expect police officers to take a more vigiliant approach towards possible impaired drivers over the long weekend.

The Wentzville Police Department in St. Charles County has already announced drunk driving enforecement for the holiday weekend. This enforcement will include sobriety checkpoints and “DWI saturation patrols” that will take place from July 3rd through July 7th.

Concern About Unlawful Arrests

It is concerning when law enforcement states openly that they will be focusing on drunk driving enforcement.  The concern is that any time someone begins to look specifically for something he will see it whether it is really there or not.  Around big holidays like the 4th of July there is a greater likelihood of an unlawful arrest for drunk driving due to law enforcement’s specific focus.  After all, police departments like to brag after a holiday weekend about how many arrests resulted from these checkpoints and saturation patrols.  The only way law enforcement can get to big arrest numbers is to arrest a lot of people, and any time a lot of people are arrested there is a good chance that a mistake was made and an innocent person has been unlawfully arrested.

Possible Consequences

The Wentzville Police Department haas included a list of drunk driving consequences in a recent news article. These consquences include:

• Jail Time
• Driver’s License Suspension or Revocation
• Being Sentenced to Use Ignition Interlock
• Rising Insurance Rates
• Financial Considerations such as attorneys fees, court costs, lost time at work and possible loss of job or job prospects

Please be aware of this enhanced drunk driving enforcement of the long holiday weekend. If pulled over for suspicion of drunk driving please read our page on What To Do If Pulled Over For DWI.Source: Wentzville Patch, “Wentzville Police Planning Drunk Driving Crackdown Over July 4th Holiday,” Tamara Duncan, June 23, 2013.