DUI / DWI Lawyers With 30+ Years Experience

---

DWI is an acronym which stands for Driving While Intoxicated. In Missouri, a person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition. “Driving” means physically driving or operating a vehicle or vessel and the term “intoxicated” simply means when the person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. Thus, a person may be convicted of a DWI in St. Louis or St. Charles county if they are physically driving or operating a vehicle or vessel while the person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

In Missouri, there is a separate DWI related charge called

“Driving with excessive blood alcohol content.”

A person commits the offense of driving with excessive blood alcohol content when they operate a vehicle while having eight-hundredths of one percent or more by weight in his or her blood (.08), or operates a commercial motor vehicle while having four one-hundredths of one percent or more by weight of alcohol in his or her blood (.04).

In Missouri there are two primary DWI-related offenses. Driving While Intoxicated and Driving with excessive blood alcohol content. There are levels of severity depending upon a variety of circumstances. The most common circumstances which create a different level of DWI are as follows:

• 1st DWI

  – B Misdemeanor

• Prior offender

  (2nd DWI) or minor in the vehicle – A Misdemeanor

• Persistent offender (3rd DWI) or causes injury to another person – Class E Felony
• Aggravated offender (4th DWI) or causes injury to a law enforcement officer or emergency personnel, or causes serious injury – Class D Felony
• Chronic offender (5th DWI) serious injury to law enforcement or emergency personnel, causes death to another person. – Class C Felony
• Habitual offender (6th DWI) death to a law enforcement officer or emergency personnel. Death to an individual by leaving the highway. – Class B Felony.
• There are other circumstances that could lead to a B Felony and even an A-level Felony. Most DWI-related charges which involve the death of another may come with homicide charge implications.

This is a commonly asked question but is hard to answer because of the variety of ways that could contribute to the dismissal of a DWI Charge in St. Louis or St. Charles County. Perhaps the most obvious reason for the dismissal of a DWI case is lack of evidence. Evidence typically comes from field sobriety tests, blood alcohol or breathalyzer tests issued by police officers. Other reasons include:

• Lack of probable cause (where the officer did not have a legally valid reason to pull someone over)
• A violation of the person’s constitutional rights including the 4th 5th or 6th Amendment of the United States Constitution.
• Were field sobriety tests or blood alcohol or breathalyzer tests properly and validly administered.

There are a variety of factors that can affect a DWI case. It is important to remember that you have a right against self-incrimination. Thus, you do not have to and SHOULD NOT admit to drinking to a police officer at any time when being suspected of a DWI charge. Instead, you should ask to contact a St. Louis DWI lawyer at the Krupp Law Firm.

In Missouri a first-time DWI charge is rarely a felony, but as described in the What are the different types of DWI offenses? There are several circumstances that could lead to a felony including multiple DWI offenses most commonly where the person has had multiple DWI convictions or got in an accident in which someone is injured.

Yes, in Missouri a DWI does count as a criminal offense. A person may be eligible to get a suspended imposition of sentence (SIS) under some circumstances which would help eliminate the conviction from their criminal record, although in all likelihood the conviction would still be used against them in future DWI proceedings. If you are charged with a DWI in St. Louis or St. Charles. Contact a St. Louis DWI lawyer at the Krupp Law Firm to find out how to best proceed with your case.

From a criminal standpoint, the punishment for a DWI follows the typical scale under Missouri Law but can additional consequences depending on your blood alcohol content at the time you blow in a breathalyzer if you choose to do so. You may also lose your driver’s license privileges. For an overview of criminal consequences see the chart below. To better understand the consequences specific to your case, contact a St. Louis DWI Lawyer at the Krupp Law Firm.