Why The First 15 Days After a DWI is Critical
By: Twibell Pierson
Share This Post
Why The First 15 Days After a DWI is Critical
DWI Consequences in Missouri
While DWI is extremely common, it is a costly offense with serious consequences.
If you have been charged with DWI in Missouri, but do not live in area, you an attorney can often prevent you from having to come to court on a regular basis. However, failure to appear without an attorney often times will result in a felony.
Before you ever go to court, you have to act to protect your driver’s license.
WHY IT IS IMPORTANT TO ACT ON YOUR DRIVING WHILE INTOXICATED CASE IN THE FIRST 15 DAYS
In Missouri the moment an individual blows into a breath test instrument or chooses not to do a blood alcohol test a clock starts on individuals driver’s license.
WHEN A PERSON BLOWS OVER A .08 AND IS SUSPECTED OF DWI
If an individual provides a breath sample of greater than .08, the legal limit in Missouri, a 15 day clock starts on their driver’s license. Officer’s will provide a 90 day notice of suspension. This suspension is not automatic!
It is important to hire an attorney within the first 15 days and they can file a request for administrative hearing. This pauses the suspension on the license.
Imagine defusing the bomb, it is still dangerous but will go off when planned or maybe not at all.
At Twibell Pierson Criminal Law our attorneys have been successful in countless administrative hearings saving our client’s driver licenses and clearing their driving record of embarrassing DWI arrest information.
First Offense DWI:
Class B misdemeanor with maximum punishment of 180 days in county jail and a fine.
A first offense DWI is eligible for a Suspended Imposition of Sentence (SIS). Read about the benefits of a SIS.
Second Offense DWI (Prior Offender):
Class A misdemeanor with up to one year in the county jail and a fine.
Prior offender will not be granted probation until he or she has served a minimum of ten days imprisonment or ordered to do 240 hours of community service.
If a person is found guilty of a second DWI, the court may order the person to submit to a period of continuous alcohol monitoring.
Not eligible for a Suspended Imposition of Sentence.
Third Offense DWI (Felony DWI’s)
In Missouri, a third DWI is a felony.
This means that if you have been convicted of two or more DWI or any related offense – including out of state DWIs or DUIs – you can face felony charges upon your third or subsequent DWI arrest. A felony once on your record can only come off in extraordinary circumstances.
Third DWIs are considered Class E felonies and are punishable by up to four years imprisonment, fines, a 10 year driver’s license revocation, and other penalties.
With more DWI convictions, penalties may also increase. Fourth DWIs, for example, are considered Class D felonies and can carry longer terms of imprisonment with mandatory shock time in the county jail.
Avoiding Felony DWI’s is extremely important. We have been successful in getting cases reduced down or dismissed on the most severe of driving while intoxicated cases.
Defending Driving While Intoxicated Offenses
We never believe a case is not winnable until all the discovery and evidence has been reviewed.
At Twibell Pierson Criminal Law we put each DWI case through a thorough analysis allowing us to put our client in the best possible position.
The best place to start is at the beginning.
The officer who pulled you over needed a valid reason (reasonable suspicion) to do so.
Most law enforcement vehicles are equipped with dash cam video, and some officers are either wearing body cameras or have a wireless recording device on their person.
This technology is crucial in tracking whether the stop was proper and whether there was reason to investigate a DWI.
Officers are sometimes wrong about the law and the reason they stopped you might not be an actual law violation.
At Twibell Pierson Criminal Law we have had cases dismissed because an officer cited a traffic violation as the reason for a stop, when, in fact, that particular traffic violation does not exist.
You could be 5 times the legal limit. If the stop is bad, your case will be dismissed.
Probable Cause for Arrest
Even if the stop was “good” – i.e., you were speeding, or ran a stop sign, or red light or had a tail light that was out– the officer still must have probable cause to arrest you.
It is important to note that probable cause is a lower standard than the burden of proof the State must overcome to convict you.
Most officers are going to use the traffic stop encounter to begin investigating whether or not you have been drinking and are impaired. Especially if you are stopped at night.
Even if an officer had a good reason to pull you over, they cannot then simply arrest you for DWI. Without evidence of impairment, the arrest can be suppressed. If the arrest is suppressed your case will be dismissed.
At Twibell Pierson Criminal Law we have been successful in getting cases dismissed by filing Motions to Suppress and arguing that there was a lack of probable cause to make an arrest.
Our firm is exceptionally experienced in the area of DWI Defense.
As a veteran Springfield, Missouri DWI lawyers, we take pride in fighting for and achieving excellent DWI results for our clients, while protecting their driver’s license and their futures!
Your attorney’s experience with DWI, negotiation & litigation abilities, and reputation with Springfield, Missouri judges will DIRECTLY affect the outcome of your case.
Twibell Pierson Criminal Law is dedicated to providing the best DWI defense possible.
We will fight hard to get you good results and take pride in communicating with clients and making them an active part of a very complicated system. We take each case very seriously, focusing on the needs of our clients and driven by positive results.
We have always believed that we represent people, not cases. We understand how difficult it can be to endure jail time, a criminal record, or even the loss of driver’s license.
We will use all of our experience to ensure that your rights are properly protected, both in the courtroom and against the DOR.
Our guarantee to you is that we will work vigorously to protect your rights as we have for hundreds of others