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At Henderson Law Group, our DWI attorneys are committed to protecting the rights of individuals charged with driving while intoxicated (DWI / DUI) and other alcohol-related offenses. We understand that you may be feeling nervous, embarrassed, or even hopeless. Fortunately, if you have been charged with DWI, you have rights.
DWI Overview
Missouri Implied Consent
DWI Arrest Procedure
DWI Court Process
Breathalyzer
DWI Breath Test Refusal
DWI Penalties
Felony DWI Defense
DWI Driver's License Consequences
DWI - CDL Penalties
Driver's License Denied
Field Sobriety Test
Limited Driving Privileges
DWI Expungement
Ignition Interlock Device
At Henderson Law Group, our DWI attorneys are committed to protecting the rights of individuals charged with driving while intoxicated (DWI / DUI) and other alcohol-related offenses. We understand that you may be feeling nervous, embarrassed, or even hopeless. Fortunately, if you have been charged with DWI, you have rights. Many individuals believe that if they are charged with drunk driving, they have no way to fight it. Often, they believe that the best they can hope for is to pay a smaller fine, avoid jail time, or possibly getting their DWI reduced to a lesser charge. While these are all possibilities, the DWI lawyers of Henderson Law Group will fight to keep a DWI charge off of your record and allow you to keep your driver’s license.
If you are arrested for DWI in Missouri, there are always two aspects to your DWI/DUI defense case. There is a DWI criminal case to determine the actual guilt or innocence of whether you were operating a vehicle while intoxicated or impaired and there is an administrative case pertaining to your driving privileges. The two cases are entirely separate and independent of each other and have no bearing on each other. Therefore, it is possible to have the criminal charge dismissed and still lose the driver’s license case.
If you have been charged with DWI in Missouri, it is vital that you call a knowledgeable and skilled St. Louis DWI lawyer immediately. You only have 15 days from the date of your arrest to request a hearing with the Department of Revenue to attempt to save your license.
At Henderson Law Group, our Missouri DWI lawyers are committed to providing you with aggressive defense from the outset. Our lawyers understand and know the exact procedures that police officers are trained to do when making a DWI arrest. This enables us to determine whether the arresting officer had probable cause to stop and arrest you, determine whether the officer administered and scored the field sobriety test according to National Highway Traffic Safety Administration standards, and to develop possible challenges to the Breathalyzer results. Further, our DWI lawyers will go to the site of arrest to develop additional challenges to your DWI charge. From the beginning, we work hard to protect your rights.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
In Missouri, every person who operates a motor vehicle impliedly consents to giving blood, breath, saliva, or a urine sample to determine the alcohol content of their blood if arrested for driving a motor vehicle while in an intoxicated or drugged condition. Under Missouri law, a police officer may require you to take two tests. A breath test refusal or refusing to cooperate in providing a breath sample may subject you to lose your license for a 1 year. In order to revoke a person’s license for 1 year, the Director of Revenue must prove various elements.
When you refuse to submit to a chemical test, it will not only have an impact on your administrative case, but it can also be used against you in your criminal case. The Missouri Implied Consent law allows a prosecutor to tell the judge or jury that you refused to submit to a chemical test. The judge or jury will then decide the relevance and significance of your refusal to submit to a test.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
In Missouri, law enforcement officers are governed and regulated by the National Highway Traffic Safety Administration’s (NHTSA) protocol when conducting field sobriety tests and making DWI arrests. Since 1984, the Missouri police academies have been teaching the NHTSA-based course on DWI detection and standardized field sobriety testing.
The process of detecting drunk drivers begins when a police officer suspects that a potential driving while intoxicated or driving while under the influence offense may be occurring. All conduct that occurs from the police officer’s first observation of a driver and through the arrest of a driver is governed by NHTSA protocol.
There are three phases of DWI detection for Missouri drunk driving cases under the NHTSA standards.
Vehicle in Motion – Phase one of the DWI detection process begins when an officer first observes the driver while operating the vehicle. In some cases, such as accident-related cases, this component in the DWI detection process may not be applicable. When phase one applies, the officer is required to observe clues regarding the vehicle in motion and the driver’s stopping sequence. The officer will look for visual clues to use and record while observing the vehicle in motion. Some common clues may include straddling the center lane or lane marker, turning with a wide radius, weaving, swerving, nearly striking an object, drifting, braking erratically, among many other clues. The second component of observing the vehicle in motion requires the officer to observe the manner in which the driver responds to the signal to stop. An officer will look for clues such as the driver not responding, the driver being slow to respond, the driver coming to a sudden stop, among others.
Personal Contact With Driver – The second phase in the DWI detection process requires the officer to observe and interview the driver, and to observe the driver’s exit and walk when the driver is asked to step from the vehicle. Under NHTSA guidelines, the officer is to observe what he sees as he approaches the vehicle, what he sees, smells, and hears when speaking with the driver, and how the driver exits the vehicle and walks toward the side of the road. Under NHTSA protocol, it suggests that an officer give divided attention tasks to a driver to see if he or she can successfully complete them. For example, asking for a driver to produce his or her driver’s license and vehicle registration is a divided attention task because it requires two requests.
Pre-Arrest Screening – Phase three of the DWI detection and arrest process has two major components to it. The first component to phase three is the standardized field sobriety test, which typically includes the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. If sufficient probable cause exists to arrest the driver based on his or her performance on the field sobriety tests, the officer may then ask the driver to submit to a portable breath test.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
Every DWI involves two very important, yet distinct cases. One involves the criminal prosecution of the defendant, and the other one involves the administrative action against the motorist’s driver’s license.
If you have been charged with a DWI, you are entitled to an administrative hearing in front of the Department of Revenue. There are two forms of an administrative hearing. The form of administrative hearing that you receive depends on whether or not you provided a chemical sample.
In Missouri, if a driver refuses to provide a chemical sample in violation of the Missouri Implied Consent Law, the driver’s license may be revoked for one year. To challenge the revocation, a driver must file a Petition for Review with the state court in the county where the arrest took place. A circuit court judge will typically hear the case. A Petition for Review must be filed within 30 days of receipt of the Notice of Revocation or the driver will be forever barred from challenging the revocation and will begin serving his or her 1 year revocation.
If the driver provided a chemical sample, the driver or his or her attorney must request an administrative hearing with the Department of Revenue. The administrative hearing will initially be heard by a Department of Revenue hearing officer. If the hearing officer decides to uphold the license suspension, the driver may file a Petition for Trial De Novo in state court. It will then be up to the judge if the license suspension will be upheld or overturned.
The criminal aspect of a DWI case proceeds in the same manner as any other criminal charge. To be convicted for DWI, the prosecutor must prove beyond a reasonable doubt that the driver was operating a motor vehicle while under the influence of alcohol or drugs. Contrary to popular belief, there is no requirement in Missouri that the driver be “over the legal limit” to be convicted of DWI. Rather, the driver need only be “under the influence.” In some instances, driving under the influence could occur at a BAC lower than .08 for some individuals or could occur as a result of drug use.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
A driver’s Blood Alcohol Content (BAC) is used to determine his or her level of impairment. In Missouri, there are two BAC standards used to charge someone with DWI. The standard used is 0.08% for drivers 21 years of age or older and 0.02% for individuals under the age of 21.
If the driver provided a chemical sample, the driver or his or her attorney must request an administrative hearing with the Department of Revenue. The administrative hearing will initially be heard by a Department of Revenue hearing officer. If the hearing officer decides to uphold the license suspension, the driver may file a Petition for Trial De Novo in state court. It will then be up to the judge if the license suspension will be upheld or overturned.
The most common chemical test requested of a driver in a Missouri DWI case is a chemical breath test. While Missouri’s Implied Consent Law allows a police officer to request a blood or urine sample upon reasonable grounds to believe the driver was operating a motor vehicle in an intoxicated or drugged condition, they rarely do. However, in cases involving motor vehicle accidents or where a driver may be unconscious, blood draws are much more common.
To convict an individual for DWI in Missouri, the prosecution must prove beyond a reasonable doubt that the driver was operating a motor vehicle in an intoxicated or drugged condition. One critical piece of evidence that prosecutors love to have is a breath test result showing that a driver was driving a vehicle with a BAC above the legal limit. Although breath test machines are hardly reliable, BAC results provide the prosecution with some form of objective evidence.
If a driver refused to submit to a chemical test, the prosecution’s case is based largely on the arresting officer’s opinion, the defendant’s statements, field sobriety test results, and possible a portable breath test result.
If you submitted to a chemical test, the St. Louis DWI lawyers of Henderson Law Group can challenge the test results, the officer’s opinion, and the method in which the field sobriety tests were conducted. In a DWI case, there are specific standards in which a police officer must adhere to when conducting a DWI investigation and making an arrest. There is a lot of room for error. Most police officers do not perform every phase of the investigation and arrest properly. At Henderson Law Group, our DWI defense lawyers understand the breath test machines, know what mistakes are commonly made by police officers, and will investigate all the facts and circumstances pertaining to your arrest to obtain the best possible result for you.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
In Missouri, breath test refusal violates the Missouri Implied Consent Law. If a driver refuses to provide a chemical sample the driver’s license may be revoked for one year. To challenge the revocation, a driver must file a Petition for Review with the state court in the county where the arrest took place. A circuit court judge will typically hear the case. A Petition for Review must be filed within 30 days of receipt of the Notice of Revocation or the driver will be forever barred from challenging the revocation and will begin serving his or her 1 year revocation.
There are three main issues to be determined in a license suspension hearing for refusing to submit to a chemical test in a Missouri DWI administrative case.
In Missouri, when a driver is arrested for DWI, he or she is entitled to a 20 minute period in which to speak with an attorney after the Missouri Implied Consent Law is read by the officer and the driver is asked to consent to a chemical test only if the driver specifically asks to speak with an attorney.
A Missouri DWI refusal case is most often challenged on the grounds that the police officer did not have probable cause to arrest the driver. By refusing to submit to a chemical test, the case against you is typically based entirely on the officer’s opinion and his or her interpretation of the field sobriety test. In a DWI case, there are certain standards in which a police officer must adhere to when conducting a DWI investigation and making an arrest. There is a lot of room for error. Most police officers do not perform every phase of the investigation and arrest properly. At Henderson Law Group, we will carefully and thoroughly investigate all the facts and circumstances pertaining to your arrest to find flaws with the police officer’s conduct.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
Every year the laws in the state of Missouri get tougher on drunk drivers. In January of 2017, the Missouri legislature once again enacted new DWI Penalties which crack down on DWI offenders.
1st DWI Offense – An individual’s first Missouri DWI will be charged as a Class B Misdemeanor where there is not a prior DWI conviction in the past five years, or two DWI convictions within his or her lifetime. A Missouri Class B misdemeanor carries the possibility of up to six months in jail and a fine up to $1,000.00, plus court costs. A first-time DWI conviction will result in eight points being assessed against your license and may result in the offender having to have an ignition interlock device installed on his or her vehicle.
Prior Offender – If an individual has a prior DWI plea of guilty within the last five years, a second DWI offense will be charged as a Class A misdemeanor in Missouri. A Class A misdemeanor carries the possibility of up to one year in jail and a fine of up to $2,000.00, plus court costs. A second DWI conviction within five years will also result in a five year license denial. After serving two years, the driver may apply for limited driving privileges for the remaining three years. If limited driving privileges are granted, the driver will be required to install an ignition interlock device on his vehicle. If an individual’s second DWI offense did not occur within five years of the first DWI offense, the DWI will be charged as a Class B misdemeanor, and his or her license will be revoked for one year if convicted.
Persistent Offender – 2 or more prior pleas of guilty to a DWI offense OR 1 prior where a person was injured or killed. This is a class E felony. A Class E felony in Missouri is punishable by up to four years in prison and up to a $10,000.00 fine. Additionally, a third DWI conviction will result in a 10 year license denial. This is also the
Aggravated Offender – 3 or more prior pleas of guilty to a DWI offense OR 2 priors and at least 1 of them resulted in a person being injured or killed. This is a class D felony. A Class D felony and is punishable by up to seven years in prison, a $10,000 fine, or both.
Chronic Offender – 4 or more prior pleas of guilty to a DWI offense OR 3 priors and at least 1 of them resulted in a person being injured or killed OR 2 priors and both of them resulted in a person being injured or killed. This is a class C felony. A Class C felony and is punishable by a term of not less than three years, and up to 10 years in prison.
Habitual Offender – 5 or more prior pleas of guilty to a DWI offense OR 4 priors and at least 1 of them resulted in a person being injured or killed OR 3 priors and at least 2 of them resulted in a person being injured or killed. This is a class B felony. A Class B felony and is punishable by a term of not less than five years, and up to 15 years in prison.
In addition to the criminal penalties of a DWI conviction that may include license suspension or revocation, jail time, fines, and probation, an individual also faces driver’s license consequences from the Department of Revenue on the administrative component of their DWI case. Often, an individual may face a license suspension or revocation from the administrative and criminal aspect of their case. However, license suspensions and revocations may run concurrently with one another.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
If you have been charged with a felony DWI, you face an uncertain future. A felony DWI conviction can have a devastating impact on your life. Fortunately, you have rights. At Henderson Law Group, our St. Louis felony DWI lawyers will vigorously fight for you and defend your freedom.
In Missouri, if you have been charged with your third DWI or worse, then you may be facing at least a Class E felony that carries the potential of up to four years in prison. Additionally, other alcohol-related offenses are also classified as felony crimes in the state of Missouri, such as DWI resulting in accident or injury or DWI resulting in the death of another person.
A felony DWI not only subjects you to serious criminal consequences, but also severe driver’s license consequences. If you are facing a felony DWI, it is imperative that you immediately contact an attorney that is willing to vigorously and aggressively defend your felony DWI charge.
At Henderson Law Group, our Missouri felony DWI lawyers are committed to providing you with aggressive defense from the outset. Our lawyers understand and know the exact procedures that police officers are trained to do when making a DWI arrest. This enables us to determine whether the arresting officer had probable cause to stop and arrest you, determine whether the officer administered and scored the field sobriety test according to National Highway Traffic Safety Administration standards, and to develop possible challenges to the Breathalyzer results. Our lawyers work tirelessly to find every possible flaw in the prosecution’s case against you. We will vigorously and aggressively protect your rights and defend your freedom.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
If you have been charged with a DWI in Missouri, not only are you facing criminal penalties, which may include jail time, fines, loss of driver’s license, and probation, but you are also facing administrative penalties from the Department of Revenue. Administrative penalties are separate, independent penalties from the criminal penalties.
If you have not had any prior alcohol-related suspensions or convictions within the past five years, your license will be suspended for 90 days. For the first 30 days of the suspension period, you are not allowed to drive at all. During the last 60 days of the suspension period, you may drive only in connection with your employment, school, and alcohol-treatment.
If you have a previous DWI or BAC conviction, administrative alcohol suspension or chemical refusal on your driving record within the past five years, the revocation period will be for one year, and you will not be eligible for limited driving privileges.
If you do not request a refusal hearing or if you lose your hearing, you will be given a one year license suspension by the Department of Revenue. If you have not previously refused a chemical test, you may be eligible to receive limited driving privileges for employment purposes after serving the first 90 days of the one year revocation period.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
A Missouri driver holding a commercial driver’s license (CDL) faces not only DWI penalties, but also faces the reality that he or she may have their license revoked for a period of time. A suspended license may result in the loss of a job and the ability to earn a living. If you are facing a DWI charge and hold a CDL, it is imperative that you immediately contact a qualified and skilled St. Louis CDL DWI attorney.
Missouri drivers holding a commercial driver’s license (CDL) are subject to a lower blood alcohol content than driver’s who do not possess a CDL. The threshold for a CDL driver is 0.04. Accordingly, if you were operating a commercial motor vehicle with a BAC of 0.04 or higher, your CDL will be disqualified for one year. Additionally, if you are charged with DWI, you are facing a one year disqualification of your CDL even if you were not operating a commercial motor vehicle at the time. Lastly, a one year disqualification of your CDL will be imposed if you are a CDL holder and refused a blood or breath test.
At Henderson Law Group, our St. Louis DWI attorneys understand that a DWI charge for a holder of a CDL may result in the loss of a job. We will vigorously and aggressively fight the DWI criminal and administrative components to obtain the best possible result for you.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
In Missouri, any individual who receives two convictions for driving while intoxicated within a five year period will have their license denied for a period of five years. An individual serving a five year denial is not eligible for reinstatement. However, for a five year denial, a driver may apply for limited driving privileges after two years. To be eligible for limited driving privileges, a person cannot have an alcohol-related felony conviction on his or her record. Additionally, to be eligible for limited driving privileges, a driver cannot be otherwise ineligible to drive because of having twice refused the breath or blood test.
Any individual who receives three or more convictions for driving while intoxicated within a life time will have their license denied, and they are not eligible for reinstatement for a minimum of ten years. However, similar to a driver serving a five year license denial, a driver may apply for limited driving privileges after three years.
For driver’s seeking limited driving privileges, Missouri courts will generally impose several conditions if they grant limited driving privileges. One of the most frequently imposed condition on driver’s who are granted limited driving privileges is the installation of an ignition interlock device on the driver’s vehicle.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
The National Highway Traffic Safety Administration (NHTSA) has established very specific guidelines that police officers must follow when administering and scoring field sobriety tests. The NHTSA field sobriety test that Missouri police officers most frequently utilize is comprised of three divided attention tests to help a police officer determine if a driver is impaired. These tests include horizontal gaze nystagmus (HGN), one-leg stand, and walk-and-turn tests.
Before administering the HGN test, a police officer is supposed to check your eyes for possible medical impairment. Next, the officer must check your eyes to make sure your pupils are of equal size and can track equally. The officer is also supposed to check for resting nystagmus.
If a driver is eligible to take the HGN test, the officer can then proceed to administer the test. An officer administering the HGN test uses a stimulus in a series of passes in front of the driver’s eyes looking for an involuntary jerking as they gaze toward the side. According to NHTSA, an involuntary jerking is a sign of intoxication. The HGN test measures the involuntary jerking of the eyes with three clues. Those clues are lack of smooth pursuit, distinct nystagmus at maximum deviation, and onset of nystagmus prior to 45 degrees. Each of these clues are distinct steps that must be tested by the officer in order for the HGN test to be valid.
The one-leg stand (OLS) test is a divided attention test that divides the driver’s attention between mental and physical tasks. There are two components to the OLS test: the instructions component and the balance and counting component. The instructions stage of the test is designed to divide the driver’s attention by having the subject stand with feet together, keeping both arms at the sides, while listening to instructions. The officer must physically demonstrate each individual instruction given to the driver.
The driver must be told to hold the foot of his or her choice approximately 6 inches off the ground in front of the body, point his or her toe forward, keep both legs straight, keep his or her arms down to the sides, watch the raised foot, and to count out loud until told to stop. The officer should tell the driver to pick his or her foot up if it comes down and resume counting where he or she left off. The officer must terminate the test after 30 seconds. The four clues the officer is looking for on this test are: (1) using arms for balance; (2) swaying while balancing; (3) putting foot down during test; and (4) hopping.
Like the one-leg stand test, the walk-and-turn test (WAT) is a divided attention test that divides the driver’s attention between mental and physical tasks. Before administering the WAT, the officer must ask the driver if he or she has any physical problems or disabilities. Assuming the driver is eligible to perform the walk-and-turn test, the officer must then provide detailed instructions accompanied by demonstrations of each individual instruction.
The driver must initially be told to stand with his or her right foot in front of the left foot, touching heel-to-toe, arms down to the sides, to remain in that position, and not to start the test until told to do so. This is the instructional phase of the WAT. Then, the driver must be told to take nine heel-to-toe steps on a designated line, and when reaching the ninth step, the driver must leave his or her lead foot planted, take a series of small steps around to the left with his or her other foot, and then take nine (9) heel-to-toe steps back down the designated line. The police officer must demonstrate the test, ask the driver if he or she understand the instructions, and then score the driver’s performance.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
Limited driving privileges (LDP), also known as a hardship license, may be available to you if your license has been revoked due to an alcohol-related charge or for failure to submit to a chemical test.
Depending upon the circumstances, if you have been cited for failing a breath test or for refusing to take a breath test, you may qualify for limited driving privileges. If you have been arrested for a first-time DWI where you failed a breath test, your license will be suspended for 90 days. However, a driver can receive limited driving privileges for the last 60 days of the suspension period so long as he or she files an SR-22 affidavit with the Department of Revenue. Limited driving privileges will allow you to drive to work, school, and alcohol education or treatment purposes. If you have been arrested for DWI and refused a breath test, a limited driving privilege may be available after the first 90 days of a 1 year revocation period.
If you are serving a 5 year license denial, you may apply for limited driving privileges after serving 2 of the 5 years of revocation. If you are serving a 10 year license denial, you may apply for limited driving privileges after serving 3 of the 10 years of revocation. However, to be eligible for limited driving privileges, you must meet specific criteria as set forth by the Department of Revenue. Lastly, if you have been convicted of any felony, including felony DWI, involving the use of a motor vehicle, you will not be eligible to receive limited driving privileges.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
Expungement of a DWI conviction is the court-ordered removal of all official records of an individual’s arrest, plea, trial, and conviction. The effect of an expungement is to restore an individual’s legal status to that he or she had before the arrest, plea, trial, or conviction, as if the DWI charge never took place.
Missouri has a unique expungement statute that applies specifically to DWI charges. An individual seeking to have a DWI charge expunged from his or her record must meet specific criteria set forth by Missouri law.
In short, for a DWI charge to qualify for expungement, the following criteria must be met.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
An ignition interlock device is a small breath analyzer that is installed to a vehicle’s dashboard and is electronically connected to the vehicle’s ignition. The device requires a driver to breathe into the unit for several seconds to measure a driver’s breath alcohol level and compare it with predetermined limits. If the driver’s breath alcohol concentration is over the authorized limit, the vehicle will not start. Additionally, the driver is required to provide breath samples periodically while the vehicle is in motion.
Under Missouri law, courts may order an individual who pleads guilty to or is convicted of a first-time DWI charge to install an ignition interlock device on all of his or her vehicles. For a second DWI charge, Missouri courts require the offender to install an ignition interlock in all vehicles owned by the offender. This means any court granting limited driving privileges to any individual who is found guilty of or pleads guilty to a second or subsequent DWI must require an ignition interlock device be installed in all vehicles operated by the person as a required condition of the limited driving privilege for a period of not less than one month.
At Henderson Law Group, we handle cases ranging from a first-time DWI offense to felony DWI cases throughout Missouri and Illinois. Our experienced DWI lawyers understand this complex area of law, and know what steps to take to protect your rights. We will work tirelessly to obtain the best possible result for you. Contact us today for a free consultation. We are available 24 hours a day, 7 days a week.
If you are being investigated or have been charged with any DWI-related offense, it is vital that you seek aggressive and skilled representation from the outset. The lawyers at Henderson & Waterkotte, P.C. stand ready to defend your freedom. Call 314.645.4400 today to schedule a free consultation.