St Louis Criminal Law Attorney
Drunk Driving, DWI, DUI | Criminal Defense Law
In Missouri, driving while intoxicated or under the influence of drugs is charged under the same criminal code: DWI (Driving While Intoxicated). In Illinois (and most states), this criminal offense is known as Driving Under the Influence (DUI). Regardless of venue, DWI/DUI/OWI generally refer to the same criminal offense.
Despite different names in various states, the legal limit of intoxication is the same national Blood Alcohol Content (BAC) threshold: 0.08. Drivers under the age of 21 can be convicted of DWI/DUI with a BAC of just 0.02. However, in some cases, the State may be able to convict a driver of DWI/DUI even if the driver's BAC is under 0.08. In these cases the State must show the driver was impaired and could not operate a vehicle safely, even at the lower BAC level.
Many people wrongly believe an arrest for DWI/DUI is a traffic violation. However, DWI/DUI is a criminal charge and can have serious fines and penalties, including jail and/or prison. In fact, a DWI/DUI is two separate and distinct cases:
- A criminal charge (the driving offense)
- An administrative case (related to your driving privilege)
Administrative Case
When charged with DWI, you are entitled to an administrative hearing before the Department of Revenue. This is your opportunity to defend yourself against the civil aspects of the DWI charge. At the administrative hearing, a Hearing Officer will determine if your driver's license should be suspended, revoked, or charges dismissed. The decisions made at your administrative hearing relate to that hearing only, and do not impact the criminal DWI charge against you.
Criminal Case
The criminal court process of DWI proceeds the same way as other cases involving criminal charges. There will be an arraignment which requires a plea of guilty or not guilty. Conditions of your release, amount of bail, and other decisions will be determined by the Judge during the arraignment.
After the arraignment you may need to appear at a number of pre-trial court appearances. An experienced criminal defense attorney who has handled previous DWI cases will be able to guide you through this stressful and often confusing court process. DWI charges should not be taken lightly.
If you or a loved one have been charged with DWI, it is imperative that you contact an experienced DWI attorney immediately as you only have 15 days to file for an administrative hearing or else you will lose your driving privileges.
We accept credit cards for your convenience. Contact our St Louis law firm today to schedule an appointment to learn how our legal expertise can help you acheive your goals. Attorney Chris Cox is conveniently located in Clayton, Missouri just one block from the St. Louis County Courthouse. Call us at 314.727.0163 or contact us online.