Driving while intoxicated (DWI) is a serious crime in Missouri and carries severe consequences. The legal process surrounding DWI cases can be complex and confusing, and making mistakes can have significant repercussions. There are several common DWI mistakes drivers make. Read this article to learn how to avoid making the situation worse if you face a DWI charge.
Driving While Intoxicated in Missouri
Under Missouri law, there is no real difference between driving under the influence (DUI) and driving while intoxicated (DWI). Missouri DWI laws generally refer to related offenses collectively as driving while intoxicated (DWI). A DWI occurs when individuals operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or greater, drive while intoxicated, or drive with any amount of an intoxicating substance in their systems. In some circumstances, these substances can include controlled substances, prescription medicines, or even over-the-counter drugs.
7 Common Mistakes to Avoid in DWI Cases
Refusing to take a breathalyzer test
Missouri has an implied consent law, which means that if you are arrested for DWI, you must take a breathalyzer test to determine your blood alcohol content (BAC). You can refuse to test, but refusing to take the test can result in automatic license suspension. Refusal can also be used as evidence against you in court.
Talking too much
If you are pulled over on suspicion of DWI, it is crucial to remain calm and limit what you say to law enforcement. Anything you say can and will be used against you in court, so it is best to exercise your right to remain silent and speak with an attorney instead. The last thing you should do is try to talk your way out of it. This tactic never works, so it is best to remain silent and call an attorney as soon as possible.
Pleading guilty too quickly
DWI cases aren’t as open and shut as you may think. To convict you, the prosecution must prove several facts are true beyond a reasonable doubt. If you are facing a DWI charge in Missouri, it is essential to speak to an attorney before entering a plea. A lawyer can help you determine if pleading guilty is the right decision and can help you negotiate a plea bargain.
Not fighting the license suspension
You can contest the suspension in court if your license is suspended after a DWI arrest. This can help you keep your license and avoid additional penalties. To do this, you must request a hearing within 15 days of your arrest. An experienced DWI attorney can help you fight the license suspension and protect your driving privileges.
Not understanding the consequences of a DWI conviction
A DWI conviction in Missouri can result in fines, jail time, community service, and a permanent criminal record. It can also impact your driving ability, employment, and insurance rates. Before entering a guilty plea, it is vital to understand the full range of consequences and how they may affect you immediately and well into the future.
Going to court unprepared
If you face a DWI charge, you must be fully prepared for court. Proper preparation includes gathering all relevant documentation, such as medical records, witness statements, and other evidence that may help your case. It also includes being on time for court appearances, dressing appropriately, and being respectful to the judge and other court officials.
Not hiring an experienced DWI attorney
When facing a DWI charge, you need the best legal representation you can find. A knowledgeable DWI attorney will know the ins and outs of Missouri DWI law and can help you navigate the legal process. They'll protect your rights and ensure the best outcome possible for your particular situation.
How An Attorney Can Help
An experienced attorney can help you avoid common DWI mistakes and fight the charges. This is made possible by identifying legal flaws in the evidence needed for conviction. An attorney can examine the evidence and mount a defense to protect your rights. Here are just two reasons a DWI charge might be reduced or dismissed:
Inaccurate Breathalyzer Tests
You can challenge the accuracy of the breathalyzer or BAC test results if there are any inconsistencies. Inconsistencies can occur when the testing device is not calibrated correctly or the test is administered incorrectly. Some medical conditions and medications can also interfere with the accuracy of test results.
Police Report Errors or Improper Procedures
The arresting officer may have failed to comply with certain state rules. This does not necessarily mean they are lying, but the failure to follow procedures can be interpreted as a suppression of evidence. Any errors made by the arresting officer can result in your case being dismissed when you appear before the judge.
In addition, your attorney can attend hearings on your behalf, negotiate to reduce the charges, and help restore your driving privileges. They can explain the charges against you and the potential short and long-term consequences. Remember, a DWI charge in Missouri is a serious matter that requires careful attention and a strong defense.
Contact St. Louis Traffic Fix
If you are arrested for DWI in Missouri, you need to hire an attorney as soon as possible. A reputable, experienced DWI attorney can help fight your case and protect your rights. When you need help with a speeding ticket, DWI, traffic accident, or another issue, call the experts at St. Louis Traffic Fix. We proudly represent clients in St. Charles, Lincoln, Warren, and St. Louis Counties. We help clients resolve traffic issues in a timely and beneficial manner. Call us at 636-685-0440 to schedule a consultation.