DWI Overview

How Henderson Law Group Defends Your DWI Charge

Our Missouri DWI lawyers don’t just review paperwork – we investigate. That means visiting the scene of your arrest, scrutinizing every step of the officer’s DWI detection process, and looking for procedural errors that can be used in your defense. Specifically, we examine:

• Whether the officer had valid probable cause to stop and arrest you
• Whether field sobriety tests were administered and scored according to NHTSA standards
• Whether the Breathalyzer was properly calibrated and the test conducted correctly
• Whether your rights were protected throughout the arrest process

Most DWI arrests involve at least one procedural error by the arresting officer. Our job is to find it, even for past charges that are eligible for DWI expungement.

Missouri DWI Overview: What You’re Up Against

Many people charged with DWI in Missouri assume the best they can do is minimize the damage, such as paying a smaller fine, avoiding jail, or hoping for a reduced charge. That’s not the approach we take. The DWI defense attorneys at Henderson Law Group fight to keep the charge off your record entirely and to protect your driving privileges from the very start.

A DWI arrest in Missouri triggers two completely separate cases that must each be handled aggressively and on their own timeline:

The Criminal Case

The criminal case determines whether you are guilty of operating a motor vehicle while intoxicated. To convict you, the prosecution must prove guilt beyond a reasonable doubt. Missouri law does not require that you were “over the legal limit” – only that you were “under the influence.” That distinction matters, and it creates opportunities to challenge the charge. Learn more about how the DWI court process works in Missouri.

The Administrative Case

Separate from your criminal case, the Missouri Department of Revenue has the authority to suspend or revoke your driver’s license. This case runs on its own timeline and its own rules – and you must act within 15 days of your arrest to preserve your right to a hearing. It is entirely possible to have your criminal charge dismissed and still lose your license if the administrative case is not handled properly.

Illinois DUI Overview: What You Need to Know

Illinois uses the term DUI rather than DWI, but the consequences are just as serious – and the defense strategy is just as important. Henderson Law Group represents clients facing DUI charges throughout the St. Louis Metro East area and across Illinois, including Madison County, St. Clair County, Monroe County, and surrounding jurisdictions.

Illinois DUI Law

In Illinois, it is unlawful to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or any intoxicating compound. Like Missouri, Illinois law does not require that you were above the legal limit – being “under the influence” at any level can be enough for a charge.

Under Illinois regulations, a first-offense DUI is a Class A misdemeanor, carrying the possibility of up to one year in jail and fines up to $2,500. However, a third DUI offense is automatically charged as an Aggravated DUI – a Class 2 felony – with potential prison time and permanent license revocation.

Illinois Statutory Summary Suspension

Similar to Missouri’s administrative license case, Illinois has a parallel license proceeding called a Statutory Summary Suspension. If you are arrested for DUI in Illinois and either fail or refuse a chemical test, your driving privileges will be automatically suspended:

• Failed breath/chemical test: 6-month suspension (first offense) / 1-year suspension (subsequent offense)
• Refused chemical test: 12-month suspension (first offense) / 3-year suspension (subsequent offense)

You have 90 days from the date of the statutory summary suspension notice to file a Petition to Rescind. If you miss this window, your ability to challenge the suspension is gone. Contact Henderson Law Group immediately after your arrest so we can act before that deadline.

How We Defend Illinois DUI Cases

Our Illinois DUI defense attorneys examine the same critical factors we investigate in every case:

• Whether the traffic stop was lawful and the officer had valid probable cause
• Whether field sobriety tests were administered in compliance with NHTSA standards
• Whether the breathalyzer or chemical test was properly conducted and the equipment properly maintained
• Whether your rights under Illinois law were protected at every stage of the arrest

Ready to Fight Your DWI Charge?

Whether you were arrested in Missouri or Illinois, a DWI charge is not something to face alone or hope goes away on its own. Henderson Law Group has defended clients across the St. Louis metro area and the Metro East through some of the most stressful moments of their lives, and we’re ready to do the same for you. Call us at (314) 645-4400 for a free consultation. We’re available 24 hours a day, 7 days a week.