It is important to realize Missouri and Illinois DWI laws change frequently and there are too many nuances and specific facts to each DWI case to be able to promise a specific result up front.
This includes looking at the field sobriety tests to see if the officer conducted them properly, reviewing and analyzing the police cruiser and booking room video, investigating the scene of the DWI traffic stop, and consulting with toxicologists or other experts. After our investigation we use that information to obtain a plea offer from the prosecuting attorney in your case. We get the best plea offer the prosecutor is willing to offer and then discuss your options of taking a plea deal or going to trial.
Missouri and Illinois determine illegal intoxication to be a BAC (Blood Alcohol Content) of 0.08% or greater. This is usually measured by a breathalyzer test. However, defendants often refuse to take a breathalyzer test (which is my recommendation that you do so in all cases – See Refuse the Breath Test) and then the intoxication must be proven solely based upon the arresting officer’s observations and the Field Sobriety Tests he administers which have to comply with NHTSA (National Highway Transportation Safety Administration) .
Your license is at risk of being suspended or revoked if you do not take appropriate action (within 15 days in Missouri and 45 days in Illinois) if your BAC was over the legal limit (.08%, age 21 or over; .02%, under age 21).
If you refuse to take a breathalyser test you may be subject to a 1 year revocation of your license. WE CAN PREVENT THE REFUSAL REVOCATION IN MOST CASES. This revocation can be prevented; however, we must act quickly to file a stay order preventing the revocation or file a motion to rescind summary suspension of your license.
In Missouri failure to submit to a breathalyser test violates the Missouri Implied Consent Law, Missouri Statute § 577.020
A presumptive 1 year revocation will take affect after 30 days. The presumptive revocation can be stopped or “STAYED” and in most cases my clients do not lose their right to drive for a single day.
If you have been charged with a DWI it is imperative that you contact an experienced DWI attorney immediately. Certain defenses, particularly dealing with your license, are waived if not filed timely.