Experienced DUI/DWI Attorneys in St. Louis, Missouri with over 30 Years of Practice

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The first step to a DWI investigation usually starts with a standard traffic stop. A police officer will pull you over by approaching the rear of the vehicle executing his emergency lights. When you pull your vehicle over to the side of the road, during this initial step, it's important to know why the officer is in fact pulling you over.

For example, if the violation is a lane change violation or swerving it may give probable cause to pull you over for DWI. Or at least some evidence of probable cause of DWI whereas an expired license plate or a broken taillight would not perhaps give rise to probable cause to give you a DWI.

The officer will typically approach the passenger side, sometimes the driver's side, of the vehicle depending on where the traffic is or their inclination about whether they might find evidence.

The officer will shine a flashlight through the rear of the vehicle or the passenger seat or the back seats. The officers are looking for potential evidence of criminal violations and DWI is especially if it's late at night. If they find beer cans in your car crushed up in the back or in your counsel you're already at a disadvantage but then they're going to then approach your vehicle.

If they say "do you know why I'm pulling you over?" and you say for example "yes, because I swerved." You admitted to the violation. Your answer should probably always be "No."  The police should provide you with an answer for why they've pulled you over.

During the license and registration phase of the stop officers will often ask many questions. For example about:

• Where you're coming from,
• Where you're going,
• What's your friend's name,

Seemingly random questions that really don't have anything to do with a stop for your lane change violation for your swerving.

What they're doing typically is testing your ability to cognitively motion and speak and respond to the officer. They're looking for slurred speech or are you confusing where you're coming from, we're going to. What the police will do is put that in their report.

"Well they said they were going here, but they were actually going the wrong way." That will go in the report. It's important to know that you are not required to answer any non biographical question.

For example, what your name is, what your birthdate is. Any questions on your license that are important for the traffic stop will be in the third step step we'll call it the license and registration step.

When the officer request that you roll down your window and asks for your license and registration they'll start asking biographical information. Most officers will ask do you know why I have pulled you over? The officers want you to respond by giving them an admission of guilt.

Officers will initiate a probable cause inquiry they'll start asking you more specific questions about drinking especially if it's late at night. They'll ask you "Why does it smell like alcohol in the car?" It may not smell like alcohol, you may not have been drinking at all. It's not uncommon for a police officer to ask something like that.

What the officer is trying to get is a response from you. They will ask a common question such as "Have you had anything to drink tonight?" If you say a few beers or something similar you've now initiated and put yourself in a situation in which they're going to have probable cause to continue going through the process arresting you for a DWI.

You don't need to respond to any officers. You don't need to tell them whether you've been drinking or not. You don't need to answer any their questions. Iall voluntary commitments you're not gonna help yourself out by by talking to an officer of the law

Officers will ask you to go through a series of tests which are typically tongue-twisters, alphabetical, numerical or a variety of other tests.

That while you're in your car you could do but you could be tripped up on or even if you're not tripped up on they could say that you've been tripped up on and maybe perhaps they're looking for evidence of of your intoxication.

When we're talking about these non-scientific tests talking about things like the counting on your fingers or whatever sort of thing they put you through sometimes they'll put you through the alphabet test or they'll say say the alphabet from this letter to this letter without stopping or singing and that's something that they if you went over the alphabet not a letter or whatever they might then write that down as could not functionally say the alphabet once again.

You're not required to take any of these tests you can simply refuse say "no, thank you. I don't see what this has to do with my traffic violation."

Field sobriety tests officers are going to ask you "Please step out of the vehicle." The officers are going to ask you to consent to doing field sobriety tests. Typically, you do not have to consent to any field sobriety tests. That doesn't mean that the officer cannot pull you out of your vehicle or ask you to step out of the vehicle because then you'll be under arrest for a DWI.

Any field sobriety tests you give the officers will be giving them more evidence against you.

If you've had nothing to drink and you're confident you have no reason to not take the field sobriety tests. It's well advised to do them but every scenario is different.

There are three well-known field sobriety tests which are considered scientifically valid.

#1. Horizontal gaze test.

#2. Walk and turn test.

#3. One leg stand test.

Each of these typically follows one after another. Officers are typically trained to go through all three of the tests. With the horizontal gaze test, an officer will shine a flashlight in your eye and then he will move his finger back to the middle from another and back to the middle. What they're testing is to see if your eyes are going to smoothly pursue that that finger or if there'll be any be any abnormalities with the way your your eye is following through due to intoxication.

officers have to follow that test to a tee there's an actual manual that is administered in which an officer would have to follow every step of that manual to make sure that the test is validly administered. Otherwise it's not considered to be proper or scientific enough.

the second scientific test is the walk and turn test. Typically you'll have a officer align you on a path that would give you a nine step distance. In which you put one foot directly in front of the other and then the next foot directly in front of that as you walk a nine step line turn around and do the same thing back. You have to keep your hands to your sides, not out and balancing yourself. The idea is that if you were well balanced and you completed the test that it would not show signs of intoxication.

The final common field sobriety test which is considered to be a scientifically proven and or valid is the one leg stand test. The officers have you put both your feet together and then at their discretion, they would ask you to raise one leg forward and count up to a certain number. The idea is you're supposed to hold it there and be able to effectively count to that number without shaking or falling.

Portable breath test could appear before or after the field sobriety tests but typically appear after the field sobriety tests. The portable breath test are two different types of breast tests.

#1. The portable breath test which happens in the field. When the officer is interrogating you and investigating you.

#2. The official breath test which will typically happen at the jail or facility if they arrest you.

The portable breath test is not a scientifically valid test in Missouri.

That means the evidence is considered unreliable and any evidence of your blowing in that portable breath test cannot be used against you to show that you're guilty. It can be used against you to show that there was probable cause to then arrest you for DWI.

They officer can use a portable breath test to establish probable cause. The officer can arrest you for probable cause. While incarcerated the officers can have you do a valid breath test.

You can refuse the portable breath test and there are fewer consequences for refusing the portable breath test. In fact, it will never result in your license being taken away but it may be used against you for probable cause. Once the officer has completed several if not all of the field sobriety tests and the portable breath test they may arrest you for a DWI.

The officer will typically tell you, you're under arrest for the request for you to now blow into a valid breathalyzer. If you refuse to blow in the valid breathalyzer machine that may be used against you in a criminal prosecution and your license will be revoked for a year.

We call those requirements then reading you your implied consent laws it's called an implied consent because in Missouri you are deemed to have implied to a consent to chemical testing of your blood to to show that you are not intoxicated and if you don't because it's a privilege and if you don't do that then they can revoke your driving privileges it's not right in Missouri also you'll know you're under arrest because an officer should give you a Miranda warning that anything you say in court can be used against you in a court of law that will happen during what is called alright what I call the

The tenth step of a DWI investigation is now you're under arrest you'll probably be put in a holding cell.

The officer will request that you submit to a chemical breath test which would be done by a more valid machine. which will give you a far more accurate depiction of your blood alcohol content. You can refuse this test but before you get the opportunity to refuse that test you have 20 minutes in Missouri to call an attorney that will advise you on whether or not you should refuse that breath test.

If you refuse a breath test, the officer can request a warrant. I weren't be given inside by a judge to take your blood out with a blood draw or another chemical manner.  They will then test it to see what your blood alcohol content is. If you refuse all tests they will deem it a refusal and that evidence may be used against you in court.

However there will be no solid evidence as to your blood alcohol content if you refuse to blow in the chemical machine. Your license will be revoked for a year in Missouri. You will have certain limitations on when you can challenge or contest it in Missouri.

There are two separate parts to a DWI case. The criminal side and you have your driver's license side.

The criminal side is either handled by the municipality which arrests you or by the state prosecutors.

Driver's license ID is handled by the Missouri Department of Revenue.

It's important to know that the Department of Revenue handles your license side because you have very strict requirements for when you can apply to have your license renewed or in fact appeal to the Department of Revenue so that you do not have your license fully revoked.

If you find yourself facing a DWI or DUI investigation or charge quickly contact me at the Krupp Law Firm (314) 835-9999.