Driving While Intoxicated cases require a thorough analysis of the facts to determine whether or not there was probable cause to make an arrest, and if the investigation and breath or blood test was conducted properly under statutes and state regulations. The Bukowsky Law Firm has the training and experience necessary to dig into these details and fight for your defense.
Two Part Penalty – If you are arrested and charged with Driving While Intoxicated (DWI), it is important to keep in mind that there are two separate sections of Missouri law that go into effect. First, there is the criminal alcohol law, which is the actual traffic ticket. The penalties for DWI include assessing points against your license, a fine, and even possible imprisonment. Read more here: Driving while intoxicated. The second section is the administrative alcohol law. If the driver’s blood alcohol concentration is over the legal limit, his or her license will be suspended. However, this can be appealed if a request for an administrative hearing is mailed within 15 days of the arrest. Without a successful appeal, this suspension is automatic. Read more here: Department of Revenue administrative hearings. Because of the severity of punishment, it is important to seek the counsel of an experienced DWI attorney to help examine all the options and ensure that your rights are protected.
Ready for reinstatement? – For a first time DWI, after 30 days of license suspension, you may eligible for a restricted driving privilege for 60 days, provided you submit proof of liability insurance to the Department of Revenue, known as SR-22. An SR-22 is a form filed by your insurance provider (upon request with proper application and fee) with the Department of Revenue that guarantees that your liability insurances is in effect. Read more about SR-22 here: Department of Motor Vehicles. It is best to submit an SR-22 before the end of the 30 day license suspension to minimize the time spent without a license. At the end of your 60 days restricted driving privilege, you are eligible for reinstatement if you file a completion form from a Substance Abuse Traffic Offender Program (SATOP), as well as pay a $45 reinstatement fee. Read more here: Department of Revenue FAQs.
Substance Abuse Traffic Offender Program (SATOP) – Driving while intoxicated cases generally require SATOP at the conclusion of the case. SATOP is a network of education and treatment programs for consumers convicted in Missouri for alcohol and drug related offenses as part of the sentence. You can find a list of SATOP course locations at the Department of Revenue (.pdf). All consumers entering SATOP first must complete an assessment before being placed into a program. There are different programs depending on whether the consumer is a minor or a repeat-offender. Read more about the different programs as well as costs associated with SATOP on the Department of Revenue site. Occasionally, the SATOP assessment will require a more intensive treatment than necessary, in the form of a longer term of treatment or more hours of counselling. If your assessment results The Bukowsky Law Firm may be able to petition the court to order a different assessment depending on your specific circumstances.
Read the Law – There are several different Missouri statues associate with driving while intoxicated.
Under 21? – If you are under the age of 21, there is another Missouri law that you need to be aware of: Abuse and Lose. If you’re convicted of any alcohol-related traffic offense, or possession of drugs (which does not have to be traffic related), the court can order a suspension of your license for up to 90 days. Do you value your license? An experienced traffic lawyer can help you keep it.
Ready to talk to an attorney? – Call our office at (573) 443-2288 or fill out this form to schedule a consultation.