Missouri Criminal Lawyers Blog

/>A recent article on MSNBC.com, asks whether all states should move towards mandatory ignition interlock devices in the case of drunk drivers. Drivers in Connecticut who have been convicted of drunken driving are the latest to face mandatory use of ignition interlock devices. Similar moves by other states have been seen as a sign by some that the nation is moving closer to requiring alcohol detection systems in all vehicles, eventually becoming as ubiquitous as airbags and seatbelts.

Mothers Against Drunk Driving pushed hard for the Connecticut law which took effect on January 1st of this year. The state joins 14 other with ignition-interlock mandates for drivers caught with blood-alcohol content above the legal limit, even for first-time offenders. A similar pilot program recently began in several California counties.

At least 24 other states mandate the Breathalyzer-like locks the most serious drunken drivers including repeat offenders or those caught with alcohol levels of .15 or more. The question is whether Missouri, currently in the latter category, will decide to join other states and push for the ignition interlock devices for even first time offenders

Two years ago a state law went into effect and required repeat DUI offenders to install ignition interlock devices in their vehicles. Since that time, Missouri law enforcement officials now say that the decision is responsible for a significant decrease in drunk driving injuries and fatalities across the state. This indicates that not only will the requirement continue, but its success may be reason enough to move for a stricter rule.

The Missouri Highway Patrol released traffic statistics indicating that drunk driving injuries and fatalities have decreased over the past two years. According to the Patrol, there were 218 drunk driving deaths and 3,823 injuries in 2010. In comparison, there were 262 drunk driving deaths and 4,511 injuries in 2008.

The law was implemented in August of 2009 and requires that second-time DUI offenders install ignition interlocks in their vehicles for six months. The device contains a Breathalyzer which must be blown before a client can start their automobile. If the Breathalyzer detects the presence of alcohol on the driver's breath, the vehicle will not start.

Since the law was enacted, the number of Missouri drivers with an ignition interlock has increased from 1,800 in 2008 to 8,700 in 2010. The convicted offender usually has to pay for the device to be installed and maintained, often at a significant cost. Due to the exceptionally high cost many DUI offenders simply decide to not have the devices installed and give up their driver's license instead. If they refuse to install the ignition interlock device, their license will automatically be suspended for a variable length of time. Approximately 50,000 drivers choose (or are forced into) a suspended license over an ignition interlock.

If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

Source: "Drunk Driving Deaths and Injuries Down - Two Years After Ignition Lock Law," Kevin Killeen, published at StLouis.CBSLocal.com.

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Our St Louis DWI defense law firm handles hundreds of DWI cases every year. A good percentage of our clients are either factually innocent or the police acted inappropriately and the evidence was obtained unconstitutionally. We have even had cases where our client's breath results were below the legal limit of .08 BAC, yet the police charge them anyways. Below is an example of one case of an innocent man, wrongfully arrested, and the police paid for it!

Man arrested for DUI sued the city after his arrest and settled his lawsuit against Naperville for $10,000. Local CBS DUI News Story. He claimed that he was humiliated when the city released the the defendant reportedly admitted to drinking four to five beers at a Memorial Day fest, and failed a field-sobriety test, he blew a 0.0 on the Breathalyzer test administered at the time of arrest.

His lawsuit accused Naperville police of engaging in "a pattern of false DUI arrests", particularly during the time frame between Memorial Day and the Fourth of July. With local and state revenue down, the defendant charged police with trying to boost proceeds along with recognition to the city.

The man was ultimately released without charges filed on May 30. The reason for the lawsuit focuses on his treatment as a charged defendant, with his mug shot and fingerprints taken and his embarrassment when the information was reported and printed in the newspaper.

Illinois is only one of many states cracking down on everything from minor traffic offenses to DUI offenders, in the hopes of bringing in more revenue to their respective cities and counties. Whether or not this episode was part of a planned operation to falsely accuse residents of driving while intoxicated is up for debate. However, it may behoove the infamous state of Illinois to be better stewards of their legally gained tax monies rather than involve themselves with yet another indiscretion that magnifies the corrupt goings-on's of the state.

As DWI lawyers commonly argue to a jury, it is not illegal to drink then drive, it is illegal to drive while intoxicated. So when are you legally intoxicated? How do you know? Best choice is to avoid the situation all together, but in reality, we all like to have fun and not always call a taxi or have a designated driver available. Now you can estimate your level of intoxication, to help decide if you are considered legally intoxicated, from your cell phone. The Missouri Department of Transportation (MoDOT) just put out and App for the iphone and android called "Show Me My Buzz" (Download App Here). The idea behind it is simple, enter some basic information to calculate your Blood Alcohol Concentration (BAC). If you go to your market on your android phone or your app store on your iphone you will find a description of the app along with user reviews.

The App is very simple it has categories for weight, hours, beer, wine, liquor and male or female. You enter your information and it calculates your BAC along with a message depending on how high your BAC is. When you BAC gets close to the Missouri Legal limit of .08 it tells you "your buzzed" and you could be arrested for drunk driving. It can be a useful tool to help you if you have been out drinking with friends. The best part about the app is on the bottom of the page it has a button for taxi which automatically dials a taxi company.

MoDOT assistant chief engineer, Don Hillis stated "this new app is a creative way to get people talking about the subject and then finding a sober driver." Missouri is the 2nd state in the nation to make an app like this available. The important thing people need to remember is that in the state of Missouri it is illegal to operate a vehicle with a BAC above .08. See Missouri Statute 577.012, stating "A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this state with eight-hundredths of one percent or more [.08 BAC] by weight of alcohol in such person's blood."

If you play around with the app it becomes clear that it is easy to get to that thresh hold quickly if you are not paying attention to how much you are drinking. As an experienced Missouri DWI attorney I recommend every client of mine to have a designated driver. Also, we always suggest to our clients that they purchase an inexpensive portable BAC machine that you can pick up at your local drug store or auto parts store. These devices are accurate enough to determine if you should be driving or whether you need to leave your car and get a cab ride home.

See CBS St Louis News Article by Brett Blume, Drunk Yet? There's an App for That!

Continue reading "Missouri Department of Transportation ("MoDOT") Creates a DWI Phone App for the Residents of the "Show Me" State: "Show Me My Buzz"" »

Our Clayton DWI lawyers applaud the fact that now most St Louis area county courts incorporate the use of alternative forms of punishment for DWI Offenders. Recently, Jefferson County Circuit Court, which is located in Hillsboro Missouri and just south of St. Louis County, was selected to take part in a NHTSA study to determine the best way to use SCRAM devices on repeat DWI offenders. Article: Jefferson County DWI Study

SCRAM (Secure Continuous Remote Alcohol Monitoring) is an ankle bracelet that is worn by a DWI offender for several months. The braclet monitors the offender's alcohol level 24 hours a day seven days a week; if the repeat DWI offender takes a drink the body sweats the alcohol out through the skin and the braclet will be alerted. The devices are considered to be tamper proof and extremely accurate.

The courts see this device as a safeguard against repeat DWI offenders and as a guarantee that the repeat DUI offender is not drinking. Our Jefferson County DWI attorneys use SCRAM as an alternative to Jail for felony DWI clients in Jefferson County DWI cases.

A few years back, I represented a St Charles man charged with his 2nd Felony DWI, which is a Class C Felony. We got him released with a very low bond but with the condition suggested by our st Louis DUI attorney, Ben Sansone, that SCRAM be used as part of the bond. This worked out great, our client was able to get out on a cheap bond, but more importantly, he wore the SCRAM for a year before trial and it never went off, not once. This showed the court he was serious about kicking his habits and the court allowed probation and NO jail time for a second time Felony offender. This was a great outcome for our client.

Continue reading "Jefferson County Circuit Court takes part in NHTSA Study" »

Illinois police are "cracking down" on drivers not wearing seat belts and DWIs at the same time by merging the DWI and seat belt campaigns and enforcement. As a St Louis DWI lawyer, I see the targeting of seat belts as a stretch to pull people over late at night or who are leaving certain establishments. Under this approach police officers can pull anyone over and just say it appeared they were not wearing their seat belt.

Quad City Times - Seat belt DWI crackdown