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Archive: DWI Law

What is SR-22 Insurance and where do I get it?

Posted by Gary J. Lauber on August 19, 2015

If you are charged with DWI and took and a breath test, almost always will need to get SR-22 insurance at some point. In most DWI cases we a have to deal with both the criminal charges and the license issues which are oftentimes separate cases.  The criminal charges are brought by the State, County, or…

Missouri License Revocation Dismissed in Ami G. v. Dept of Revenue: alternative alcohol test was done

Posted by Gary J. Lauber on July 21, 2014

“Should a driver initially refuse to submit to chemical testing, the arresting officer has the choice of either permitting the driver to withdraw his refusal and submit to chemical testing or of letting the driver’s initial refusal stand as grounds to administratively revoke the driver’s license” Rothwell v Director of Revenue, 419 SW 3d 200…

Client with 4th DWI Arrest Gets No Conviction Probation (SIS)

Posted by Gary J. Lauber on April 21, 2014

A client of our firm, M.A., was driving his car in North County in the early morning when he approached a red light.  He attempted to apply his breaks but slid into the intersection striking another car that was passing through the intersection.  As the police arrived on the scene they observed our client running…

Trouble With Alcohol Breath Tests

Posted by Gary J. Lauber on March 10, 2014

When a person in the State of Missouri gets pulled over for DWI they are typically asked to take a breath test after their arrest.  Most people don’t realize that although the breath analysis machines are maintained by the police department they are regulated by the Department of Health and Senior Services.  The Department of…

Use of Toxicology Reports in the Defense of Drug and Alcohol Cases

Posted by Gary J. Lauber on March 4, 2014

Many DWI cases are now becoming “DWI – combined drug and alcohol” cases, and a DWI involving drugs can carry automatic 1 year revocation even if you get probation, it falls under the Missouri abuse and lose laws. It is easy to be charged as a combined drug alcohol case, we see it when clients…

St Louis County Checkpoint DWI: State v K.K.

Posted by Gary J. Lauber on March 3, 2014

Anyone who has stayed out late on the weekend knows that DWI checkpoints are not uncommon in the St Louis area.  The local police love setting them up all over the place and commonly set them up in high traffic areas, such as Dougherty Ferry Rd, Manchester Rd. and Olive Street Rd.  Recently, one of…

What is the Difference Between A Missouri DUI And DWI?

Posted by Gary J. Lauber on February 25, 2014

Many people reading news reports of drunk driving incidents have likely run across the terms DUI and DWI. Though you may be vaguely familiar with the concepts, chances are you don’t truly understand what, if any, difference there is in the two terms and whether there is a legally significant reason to care. Keep reading…

NTSB Makes Surprising Move Regarding Lower BAC Limits

Posted by Gary J. Lauber on August 11, 2013

The National Transportation Safety Board announced last month that it would push for states to lower their legal BAC limits. The move, a surprise to many experts, is aimed at lowering the legal limit from 0.08 percent to 0.05 percent. In Missouri, the current limit for impaired driving is a 0.08 percent blood alcohol concentration….

The Impact Of Heartburn On Drunk Driving Cases

Posted by Gary J. Lauber on June 1, 2013

A recent case in Canada brought a lot of attention to a subject many drivers may not be aware of: heartburn and acid reflux can, in some cases, lead to dramatically inaccurate BAC readings. Though it might sound like some legal sleight of hand, the fact is acid reflux can result in demonstrated inaccuracies in…

Field Sobriety Tests Get Increased Attention

Posted by Gary J. Lauber on May 29, 2013

A recent case out of Tennessee has created some buzz in the criminal defense world given the spotlight it places on the proper weight of field sobriety tests. The Tennessee Supreme Court recently decided to hear the case, Tennessee v. David Bell, and will issue an opinion regarding how much importance field sobriety tests should…

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