LAW OFFICE OF
9666 Olive Blvd
St. Louis, MO
DRIVING WHILE INTOXICATED
ST. LOUIS COUNTY DUI DEFENSE LAWYER
DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
DRUNK DRIVING DEFENSE
DRINKING AND DRIVING DEFENSE
You were out with your friends having a good time. You had a couple of drinks and were in the process of driving home. All of a sudden you saw police lights in your rear view mirror, or, you drove into a DWI Sobriety Checkpoint - DUI Sobriety Checkpoint Area. You had to pull over! The police officer walked up to your car, asked you a few questions, and then told you to step out of the car to do some Standardized Field Sobriety Tests (SFST). You may have done these Field Sobriety Tests, such as the Horizontal Gaze Nystagmus Test (HGN), Walk and Turn Test (WAT) and the One Leg Stand Test (OLS). The police officer may also have asked you to blow into a Preliminary Breath Test (PBT). The next thing you know you were being arrested for either Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). You were taken down to the police station and then the police officer read to you the Implied Consent Law and asked you if you would submit to a chemical test of your breath or blood. You were told that if you refused to take the test, your drivers license would be immediately revoked for a period of one year. You may have agreed to this chemical test of your breath or blood or you refused to blow. If you agreed to the chemical test of your breath, after about 15 minutes the police officer had you blow into a breath test machine. The police officer may have told you that your Blood Alcohol Concentration (BAC) was above the legal limit of .08%. At some point in time the police officer read to you your Miranda Rights (The right to remain silent; that anything you say can and will be used against you in a court of law; that you have the right to talk to a lawyer). If you agreed to talk to the police, the officer asked you several questions, such as do you know what time it is? What is the date? When did you last eat? Were you operating the vehicle at the time of the stop? Have you been drinking? How much? Are you under the influence of an alcoholic beverage? After these questions, the police officer gave you some tickets and told you that your drivers license will be suspended. What do you do now? You do not want your drivers license suspended. You can't have your drivers license suspended! How can you get to work if you can't drive? Who do you call for help? The legal help you need is just a phone call away!
Call the Law Office of Douglas Richards at
After you call we will set up an appointment to go over all the facts of your case. We will go over whether the police had probable cause to even pull your vehicle over in the first place; Whether the police officer used the proper procedures to investigate whether there were the proper "clues" present to even ask you to do the Standardized Field Sobriety Tests (SFST); Whether the police properly conducted the different Standardized Field Sobriety Tests (SFST), such as the Horizontal Gaze Nystagmus Test (HGN), Walk and Turn Test (WAT) and the One Leg Stand Test (OLS) in the specific manner as set forth by the NHTSA DWI Detection and Standardized Field Sobriety Testing Manual; Whether the police officer followed the correct procedures when they asked you to blow into the Preliminary Breath Test (PBT); Whether the police observed the proper procedures when they took you down to the station and asked you to submit to the chemical test of your breath or blood; Whether the police officer gave you the required time period in which to contact a lawyer before you submitted to these tests; Whether the police officer observed you for the proper 15 minute time period before the chemical test of your breath or blood was conducted; Whether the police officer who administered the test was even properly qualified to perform the test; and whether the chemical breath or blood tests were valid. Lastly, I will then file the proper paperwork to request an Administrative Hearing and/or file a Petition for Review so I can get a Stay Order to stop the suspension of your drivers license!
Remember, help is just a phone call away. So If you have been arrested for DWI or DRIVING WHILE INTOXICATED or DUI or DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS and you want a St. Louis County DWI Attorney or DUI Attorney who will give you the Best DUI DEFENSE - DWI Defense available, and who will give your case the personal attention it deserves, then call me, DOUGLAS RICHARDS. With over 27 years of experience, I can and will make a difference in your case. Call me anytime, 24 hours a day, 7 days a week, at either:
RANGE of PUNISHMENTS FOR DWI's and DUI'S
First Time DWI or DUI - Class B Misdemeanor -
Range of Punishment - up to 6 months in jail and/or a fine up to $500.00
8 points assessed against Driving Record
Second Time DWI or DUI - "Prior Offender" - Class A Misdemeanor -
Range of Punishment - up to 1 year in jail and/or a fine up to $1,000.00-
12 points assessed against Driving Record - Ignition Interlock
Third Time DWI Charge - "Persistent Offender" - Class D Felony -
Range of Punishment - up to 4 years in Prison and/or a fine up to $5,000.00
12 points assessed at Driving Record
Fourth Time DWI Charge - "Aggravated Offender" - Class C Felony -
Range of Punishment - up to 7 years in Prison and/or a fine up to $5,000.00.
Breath Test Refusal Cases -
A driver who refuses to provide a blood, breath or urine test may have his or her license revoked for one year. To challenge the revocation, a driver or his attorney must file a Petition for Review in the county where the arrest took place within 30 days of the receipt of the notice of revocation.
The Circuit Court can and normally will grant a stay order pending a trial before a traffic court commissioner or judge in a refusal case, depending on your driving history.
Missouri DOR - Administrative Hearings
If you take a breath test and your test result is .08% or above (.02 if you are under 21), the police officer will take your driver's license and give you a temporary license and a hearing request form. The hearing request form must be completed, by the driver or his attorney, and then mailed and postmarked within 15 days of your arrest.
After your hearing request is received, you and your attorney will then be notified of the date, time and location of your hearing. The sole issues at the hearing will be whether there was probable cause to believe you were driving while intoxicated and whether your blood alcohol content exceeded the legal limit. If you are a minor, and your blood alcohol content was below .08%, the lawfulness of your initial stop will be an issue in the case as well.
At the administrative hearing, the case will initially be heard by a hearing officer employed by the Department of Revenue. If the hearing officer decides that there was not probable cause to arrest the driver for driving while intoxicated or the chemical test did not show that you had a BAC of .08 of higher at the time the vehicle was being operated, the driver will receive his or her license back, and no further action is necessary. If, on the other hand, the hearing officer decides to uphold the license suspension, the driver or his attorney may file a Petition for "Trial De Novo" in front of a state court judge in the county of arrest. It will then be up to the traffic court commissioner or judge to decide if the license suspension should be upheld.
Underage Drinking and Driving Charges
DWI DUI CHECKPOINTS THIS WEEKEND:
Call me anytime, 24 hours a day, 7 days a week, at either:
ATTORNEY AT LAW
9666 OLIVE BLVD., STE. 365
SAINT LOUIS, MO 63132
Douglas Richards, 314-517-5756 or 636-256-7300, DWI Lawyer - DUI Attorney, serves clients throughout the State of Missouri, and in the areas of St. Louis, St. Louis County, St. Charles, St. Charles County, Jefferson County, Franklin County, and cities such as Arnold, Ballwin, Breckenridge Hills, Brentwood, Bridgeton, Charlack, Chesterfield, Clarkson Valley, Clayton, Cottleville, Crestwood, Creve Coeur, Des Peres, Ellisville, Eureka, Fenton, Florissant, Frontenac, Glendale, Hazelwood, Hillsboro, Jennings, Kirkwood, Ladue, Lake St. Louis, Manchester, Maplewood, Maryland Heights, O'Fallon, Olivette, Overland, Pacific, Richmond Heights, Rock Hill, Shrewsbury, St. Ann, St. John, St. Peters, St. Charles City, St. Charles County, Sunset Hills, Town and Country, Union, University City, Valley Park, Webster Groves, Wentzville and Wildwood.
The choice of an attorney is an important decision and should not be based solely on advertisements. This disclosure is required by rule of the Supreme Court of Missouri