Missouri DUI and DWI Legal Questions

You can be charged with a refusal under the implied consent law, and if the arrest was made on probable cause for a criminal offense, the police can make telephone application for a warrant to seize a sample of your blood anyway. Conviction for the refusal will be treated in the future as the equivalent of an OWI conviction regardless of whether or not you can beat the underlying case.... Read More

If the officer had probable cause to believe that you were driving under the influence of alcohol and the officer properly advised you of the express consent law and you refused the test, you will more than likely have your license suspended for a year (if this is a first offense). Depending on your driving record you may qualify for a restricted licenses after January 1, 2014. This is just the DMV action. There is also a criminal charge that you must defend as well.... Read More

If the police believe you are under the influence, and if you refuse a breathalyzer, in Nevada you will be arrested, taken to jail, and your blood will be drawn via warrant. Therefore, it's just not worth it to refuse. Your blood will be taken regardless, which could then show drugs in your system, whereas a breathalyzer only shows alcohol content. In other states, you may receive an automatic 6 month or 1 year license suspension for refusing.... Read More

Absolutely.  In Missouri that is called an expungement.  If ten years have passed from the date of conviction you may be eligible for an expungement.  The statute that governs expungements is RSMo. 577.054.  If the DWI or BAC from ten years ago was a first offense DWI or BAC, you haven't had any other DWI's or BAC, the DWI or BAC did not occur in a commercial motor vehicle, and you've never had a commercial driver's license or another expungement, you would be eligible.  Typical expungement fees for attorneys run from $500 to $1000. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

Typically, most counties in Missouri do not extradite for misdemeanor violations.  What this means, is if your warrant is from Missouri, officers will not cross state lines to serve the warrants, nor would officers from another state serve the Missouri warrant. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

If you currently have an attorney, you need to ask him/her the benefits versus the risks of taking your case to trial.  If you don't have an attorney, you will probably lose at trial.  Your defense at trial would of course be that you were not intoxicated at the time of operation of the vehicle.  Whether you are found guilty or not guilty would be up to a judge or a jury.  Hope this helps. This answer does not create an attorney/client relationship. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read More

What are the penalties for a second time DUI? In Los Angeles, a second time DUI with nothing else special about it usually gets 96 hours jail, plus the classes and fines. You can roll the fines into the jail and do about the same amount of time. What if I've violated probation too? It depends on how recently the other case was. The more recent the more jail that you will get. Usually its between 10-30 days. 10 / 08 you need to fight. If you and your lawyer push this to trial you can get a wet reckless or better.... Read More

You can't do community service but some counties have work programs and others have electronic monotoring or house arrest, both are consider custody time. How much time you do depends on the county you are in and the policy of the court and DA's office. Usually 20 to thirty days, however since you were on probation for the first one it could be another 20 to 30 days for a probation violation.... Read More