DWI FAQs - click here.

Immediate Concerns If You Are Arrested in Missouri for DWI or DUI
If arrested in Missouri for DWI/DUI, your drivers license could be suspended or revoked if you do not seek action within 15 days of your arrest if your results of your blood alcohol test were above the Missouri's prohibited level or if you refused to take a blood alcohol test.  

Contact our office if you or someone you care about has been arrested for DWI or DUI in Missouri.

Why You Need to Take Action Within 15 Days of Arrest
Two separate sections of Missouri law govern the arrest and suspension/revocation of driving privileges following an arrest for DWI or DUI.  An administrative case before the Department Revenue addressing the suspension/revocation of your driver's license and the criminal case.

If arrested for DWI/DUI in Missouri, you only have 15 days to request a hearing before the Department of Revenue.


Breathlyzer/BAC Test Refusal
Under Missouri Implied Consent Law,  anyone who operates a motor vehicle in the State of Missouri is deemed to have given his/her consent to have his/her breath, blood, urine or other bodily substances tested for alcohol and/or drugs.

If you are arrested on suspicion of DWI/DUI in Missouri, law enforcement officers must allow you 20 minutes to contact an attorney and have them advise you on whether to submit to the test.

If you refuse a BAC test, your driving privileges are revoked for 1 year.  Certain circumstances may allow you apply for a hardship driving permit after 90 days.  

First DWI Offense - Class B Misdemeanor
Jail: Maximum of 6 months imprisonment
Fine: up to $500.00.  Court costs ranging up to $100.00
Probation : Usually between 1 to 2 years with certain terms (i.e. no alcohol consumption, attend SATOP classes, no further arrests etc.)
Revocation/Suspension of Driving Privileges: 30 day suspension of driving privileges followed by 60 days of restricted driving (i.e. work and alcohol treatment.)  The Court may also require an ignition interlock device be placed on the offender's vehicle while on probation.  A DWI conviction results in 8 points against driving record.

Second DWI Offense (within 5 years - Class A Misdemeanor, outside - Class B)
Jail: Maximum of 1 year imprisonment
Fine: up to $1,000.00.  Court costs ranging up to $100.00
Probation: Persons convicted of 2nd DWI are only eligible for probation after they have served a mandatory minimum of 48 hours in jail.  Mandatory jail time may be waived by the Court in exchange for 10 hours of community service.  Probation usually lasts between 1 to 2 years with certain terms.
Revocation/Suspension of Driving Privileges:  5 year revocation of driving privileges if 2nd offense was within 5 years of the last conviction. Hardship permit (driving to and from place of employment) may be applied for after the 2nd year of revocation.  The Court must also require an ignition interlock device be placed on the offender's vehicle while on probation.  A 2nd DWI conviction results in 12 points against the driving record no matter the time between convictions.

Third or Subsequent DWI Offense - Class D Felony
Jail: Maximum of 5 years imprisonment
Fine: up to $5,000.00.  Court costs ranging up to $100.00
Revocation/Suspension of Driving Privileges:  10 year revocation of driving privileges no matter the time between convictions.  No hardship license is available for persons convicted of felony DWI/DUI.  The Court must also require an ignition interlock device be placed on the offender's vehicle while on probation.  
   

DWI Links

Department of Revenue DWI Information Page
St. Louis County Prosecutor’s Office
St. Louis City Circuit Attorney

Many people make the mistake of taking DWI charges lightly. In fact, a conviction for DWI/DUI in St. Louis, MO carries serious consequences, including license suspension, jail time, and heavy fines - consequences which will affect your life for years to come. If you are facing drunk driving charges, you will need the aggressive legal services of the Leming Law Firm.

Being accused of drunk driving, DWI, or DUI in St. Louis can lead to an automatic suspension of your driver's license. The process of saving your license and right to drive is not easy and requires the aggressiveness of a St. Louis DWI defense lawyer.

The only way to successfully fight off a St. Louis DWI/DUI charge is to find inconsistencies and weaknesses in the prosecution's case against you. The process of contesting alcohol-related charges is technical and only an aggressive St. Louis DWI lawyer can handle the job effectively and efficiently.