St. Louis Criminal Defense Lawyer For DUI/DWI Charges
Questions About Criminal Charges?
At Millikan Law, we want you to understand the different charges that you could face and the rights you have at this time.
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St. Louis DUI & DWI Defense Lawyer
Experienced Representation You Can Trust
Have you been arrested under the suspicion of
DUI
or
DWI? If you are facing accusations for this criminal allegation,
it is imperative that you do not face the legal system alone. Without the supportive assistance and legal solutions of our experienced DUI defense attorney, you are putting your rights and freedoms on the line.
A DUI or DWI is not taken lightly under the law, but there are numerous defenses to many of the allegations against you that fighting against these charges is worthwhile. We understand what is at stake and strongly advise you to secure our representation immediately. At Millikan Law we believe that you are innocent until proven guilty and can fight tirelessly on your behalf. With more than 50 years of combined experience, our staff knows how to protect the rights of the accused in DWI and DUI cases. Upon securing the representation of our firm, we can work determine if any unlawful actions took place during your arrest. If this is the case, our St. Louis criminal defense attorney can work to have your sentence reduced or charges dropped completely.
A DUI or DWI is not taken lightly under the law, but there are numerous defenses to many of the allegations against you that fighting against these charges is worthwhile. We understand what is at stake and strongly advise you to secure our representation immediately. At Millikan Law we believe that you are innocent until proven guilty and can fight tirelessly on your behalf. With more than 50 years of combined experience, our staff knows how to protect the rights of the accused in DWI and DUI cases. Upon securing the representation of our firm, we can work determine if any unlawful actions took place during your arrest. If this is the case, our St. Louis criminal defense attorney can work to have your sentence reduced or charges dropped completely.
Schedule your
free case evaluation
with our team!
Penalties Associated With A Missouri DWI
A DUI/DWI conviction is aimed at stripping you of the privilege to drive and your basic rights. In Missouri, it is not always feasible to exist without a vehicle, and can place you at a significant disadvantage when you need to get to work, pick up your children, or perform your basic every day duties. Unfortunately, the cards are set to be stacked against you at every turn. Even before you have been formally convicted, the Department of Motor Vehicles takes steps to suspend your license, simply for being arrested.
Depending on the circumstances and jurisdiction in which your offense took place, additional DWI penalties may include:
- Heavy fines
- Jail sentence
- License suspension
- Alcohol treatment program
- Installation of an ignition interlock device
After being arrested it is common to have many questions and concerns about your rights and freedoms. When you choose to work with our firm, we will leave no question unanswered and no concern unaddressed in order to give you the peace of mind that you deserve. With our personalized attention and exceptional representation by your side, you may have a better chance of winning in court. Make the smart choice: Retain our representation!
Find Out How Millikan Law Can Help you!
It is imperative that you understand that you are protected by the U.S. Constitution and other state laws. Take advantage of your right to an attorney and a fair trial. When you retain our representation, our guidance can help you to make informed decisions throughout the legal process of your DWI case. Our St. Louis lawyer has the experience and expertise needed to work towards a favorable outcome in your drunken driving arrest. From commercial driving and boating while intoxicated to DWI child endangerment, no case is too big or too small for us to handle.
Begin building your defense today by
contacting
Millikan Law . We offer each prospective client a
free
case evaluation. Serving Missouri and Illinois, we proudly represent the entire St. Louis area.
St. Louis Breath & Blood Tests
Should I Refuse A Breath or Blood BAC Test?
A Missouri DWI conviction requires the State to prove the defendant was operating a motor vehicle and was intoxicated above the State legal limit at the time. Evidence collected in a DWI case can include:
As you can see, most of the "evidence" used in a DWI case is very subjective and open to many interpretations. Only blood alcohol content (BAC) test results provide some form of objective evidence and even this has many potential problems. Without a test to secure BAC results, the prosecution will have a weak case against you. This weakness will be the focus of an experienced DWI lawyer to dismiss the drunk driving case.
- Police Officer Observations
- Defendant Statements
- Field Sobriety Test
- Portable/Preliminary Breath Test (PBT)
- BAC Results
As you can see, most of the "evidence" used in a DWI case is very subjective and open to many interpretations. Only blood alcohol content (BAC) test results provide some form of objective evidence and even this has many potential problems. Without a test to secure BAC results, the prosecution will have a weak case against you. This weakness will be the focus of an experienced DWI lawyer to dismiss the drunk driving case.
How will police check my BAC?
A growing trend with police departments is the use of a portable breath test, sometimes called a preliminary breath test or PBT Test. The PBT is a small handheld device used to help the officer determine if the possible intoxication level of a driver is over the legal limit. This device is gaining popularity because many police officers have arrested a person suspected of drunk driving only to later find out that the driver´s blood alcohol content
does not exceed the state legal limit. This demonstrates the bias some police officers bring into the equation when evaluating driver behavior, conversations with the driver and field sobriety tests.
However, these portable breath tests are not admissible in court and can only be used to help establish probable cause. This is because the units are highly susceptible to error and damage in the field. Since these units are small and portable, they are often not calibrated or maintained properly.
However, these portable breath tests are not admissible in court and can only be used to help establish probable cause. This is because the units are highly susceptible to error and damage in the field. Since these units are small and portable, they are often not calibrated or maintained properly.
Refusing a Breathalyzer Test
The only BAC test that you must submit to is the one that occurs after you have been arrested. Refusing to submit to a BAC test, through either a Breathalyzer, urine or blood test, is grounds for serious legal consequences. Should you refuse, a law enforcement official will seek a warrant from a judge to have blood drawn to test your alcohol levels and your driver’s license will be immediately revoked.
In refusal cases:
- A first offense can carry a heavy penalty, including driver’s license suspension for a year and a substance abuse course.
- A second offense refusal can include 10 days or more in jail, in addition to your license suspension, and the required substance abuse classes.
These are allegations that could cause irreparable damage to your record and affect your ability to secure a job. By refusing, you will automatically be arrested. However, without a BAC result, the prosecution’s case will be weak and our attorney can focus on receiving a dismissal for your case rather than a conviction.
Let Our St. Louis Attorney Fight For You
The State of Missouri has an Implied Consent law. Under Implied Consent, if a driver refuses to submit to a BAC test (usually blood or breath), the driver´s license is supposed to be revoked for 1 year. However, in many jurisdictions in the St. Louis area, an experienced DWI attorney
can save a first time offender from losing his or her license in connection with a refusal case. While many police officers know this, they will use this law to scare people into submitting to the BAC test because the police know the BAC test result will be the strongest part of their case.
However, with the assistance of Millikan Law attorney, we can help to combat the charges should you refuse to take the Breathalyzer test and fight for you to be able to maintain your driving privileges and freedom. There are numerous instances where refusal to take a Breathalyzer test can in fact help your case. Our DWI attorney will represent you and use their years of experience combating DWI refusal charges to help minimize your penalties or have your case dropped completely.
However, with the assistance of Millikan Law attorney, we can help to combat the charges should you refuse to take the Breathalyzer test and fight for you to be able to maintain your driving privileges and freedom. There are numerous instances where refusal to take a Breathalyzer test can in fact help your case. Our DWI attorney will represent you and use their years of experience combating DWI refusal charges to help minimize your penalties or have your case dropped completely.
If you have been charged with Driving While Intoxicated (DWI) in the City of St. Louis and refused to take a Breathalyzer test
contact
the attorney at Millikan Law for a free consultation.
St. Louis Breath & Blood Tests
Our Skilled St. Louis BWI Defense Attorney Can Help!
Each state has specific rules regarding the legality of drinking while boating. In the state of Missouri, you are legally allowed to drink alcohol while on board a boat or water vessel. However, if you are found to be drinking while operating a watercraft or motorized vessel including a jet ski or a sailboat, you can be charged with boating while intoxicated (BWI) with the consequences being similar to a DWI charge. In fact, someone that is operating a boat must abide by the same standards. If their blood alcohol content is found to be above .08%, the boat operation may be charged with BWI.
The experienced DWI lawyer at Millikan Law are experienced in defending those charged with BWI and are prepared to strategically defend you against the charges and seek a full acquittal. Get started by contacting our St. Louis attorney for a
free initial case consultation
!
What are the penalties for BWI in Missouri?
Have you been stopped by water patrol while operating a motorboat, sailboat, or Jet Ski on one of Missouri’s great lakes and rivers? You may be facing some criminal penalties that can remain on your record for the rest of your life.
If you have been charged with DWI, you may be facing:
If you have been charged with DWI, you may be facing:
- Class B misdemeanor, meaning you can be issued a $500 fine, face possible jail time and required to take a boater safety course.
- Second offense of BWI, is considered a Class A misdemeanor in St. Louis and could result in $1,000 fine and possible up to one year in prison.
- Third BWI, the charge escalates to a Class D felony, with the punishment including a possible $5,000 fine and up to four years served in prison.
Similar to a DWI charge, you could also face the loss of your driver’s license in addition to possible probation and community service. With consequences as severe as being charged with boating while intoxicated, it is crucial you contact the DWI experts at Millikan Law who can establish the best possible defense to fight your charges. By analyzing the evidence presented in your case, including the police report and testimonies as well as the BAC test, our attorney will determine if the sobriety test was administered properly in addition to whether the water patrol had probable cause for pulling your boat over.
Why do I need a St. Louis DWI Lawyer?
By analyzing the evidence presented in your case, including the police report and testimonies as well as the BAC test, our attorney will determine if the sobriety test was administered properly in addition to whether the water patrol had probable cause for pulling your boat over. Defending against a BWI and a DWI means that different skills must be used, and you need to know that your defense lawyer is able to fight aggressively on your behalf.
Our lawyer has a background as former police officers and prosecutor, meaning that we know the myriad of ways that police officers can try and prove your guilt. From asking you to perform a field sobriety tests on a rocking boat to improperly calibrating a breathalyzer, our firm leaves no piece of evidence unchallenged. With over 50 years of combined experience, you know that we have the skills to back our findings.
Our lawyer has a background as former police officers and prosecutor, meaning that we know the myriad of ways that police officers can try and prove your guilt. From asking you to perform a field sobriety tests on a rocking boat to improperly calibrating a breathalyzer, our firm leaves no piece of evidence unchallenged. With over 50 years of combined experience, you know that we have the skills to back our findings.
Have you been arrested for boating while intoxicated?
Get aggressive BWI representation
from the St. Louis team at Millikan Law!
Commercial Drivers & DWI Defense
Did you get a DWI with a CDL?
If you are in possession of commercial driver's license, the rules of the road are quite different for you. Since Congress passed the Commercial Motor Vehicle Safety Act back in 1986, states have been required to adopt federally mandated testing and licensing standards and enforce penalties on CDL holders for traffic violations that may not even occur within a commercial vehicle. So what does this mean exactly? A holder of a commercial driver's license (CDL)
has more at stake for certain types of criminal convictions. In many cases, a holder of a CDL could lose the license and his/her source of income as the result of a conviction regardless of the type of vehicle used when committing the offense. Many people do not realize their commercial driver's license is at risk even if they committed a crime in a noncommercial vehicle.
If you are a CDL holder and have been accused of driving while intoxicated, you must act quickly! Get help
from a St. Louis DWI lawyer immediately.
Did you get a DWI with a CDL?
If you possess a commercial driver's license, the law can have harsh penalties if you are convicted of certain criminal offenses even though the offense occurred while driving a noncommercial vehicle. Under federal law, holders of commercial driver's licenses can be disqualified for specific offenses committed while operating a noncommercial vehicle.
These offenses include:
- Driving under the influence of alcohol or a controlled substance (DWI in Missouri, DUI in Illinois).
- Leaving the scene of an accident involving a commercial motor vehicle operated by the person.
- Using a commercial motor vehicle to commit a felony, other than felonies involving manufacture, dispensing, or distribution of controlled substances.
If you are a CDL holder and receive a ticket for a DWI/DUI in your own personal noncommercial vehicle, the rules you will receive are much harsher for someone who just possess a noncommercial driver's license. For more information, check out our blog post that talks about
how a DWI effects a CDL holder's noncommercial license.
With so much at stake, it is important that a driver with a commercial driver’s license take all of the necessary steps to protect their rights and driving privileges when they have been accused of driving while intoxicated. A St. Louis DWI lawyer can help protect your rights and ensure that you don’t lose your job due to this accusation!
With so much at stake, it is important that a driver with a commercial driver’s license take all of the necessary steps to protect their rights and driving privileges when they have been accused of driving while intoxicated. A St. Louis DWI lawyer can help protect your rights and ensure that you don’t lose your job due to this accusation!
CDL Penalty for DWI Conviction
A first time conviction of these criminal offenses will result in the disqualification of a commercial driver's license for a period of no less than one (1) year. If any of these offenses occur while the driver is transporting hazardous material in certain quantities, the disqualification period is three (3) years.
In some instances, a person who loses his/her general driving privileges may apply for the issuance of a limited driving privilege (LDP), also commonly known as a "hardship" license. This limited driving privilege would allow a person to legally drive a noncommercial vehicle under very specific circumstances.
However, Missouri law prohibits the issuance of a limited driving privilege (LDP) to a person whose commercial driving privileges are disqualified. A commercial driver's license (CDL) holder whose general driving privileges have been suspended or revoked for actions occurring in a noncommercial vehicle may apply for a limited privilege to operate only a commercial vehicle.
There are specific conditions that allow a state to refuse to issue a probationary license to a CDL holder, which would permit the driver to operate a commercial vehicle. Our lawyer has years of experience in criminal and traffic law. We can help you apply for the issuance of a limited driving privilege for your CDL privileges and protect your source of income.
If you or a loved one has been charged with any of the offenses described above, it is imperative that you seek representation from an experienced DWI defense attorney. The law has harsh penalties for CDL holders who commit specific criminal offenses!
In some instances, a person who loses his/her general driving privileges may apply for the issuance of a limited driving privilege (LDP), also commonly known as a "hardship" license. This limited driving privilege would allow a person to legally drive a noncommercial vehicle under very specific circumstances.
However, Missouri law prohibits the issuance of a limited driving privilege (LDP) to a person whose commercial driving privileges are disqualified. A commercial driver's license (CDL) holder whose general driving privileges have been suspended or revoked for actions occurring in a noncommercial vehicle may apply for a limited privilege to operate only a commercial vehicle.
There are specific conditions that allow a state to refuse to issue a probationary license to a CDL holder, which would permit the driver to operate a commercial vehicle. Our lawyer has years of experience in criminal and traffic law. We can help you apply for the issuance of a limited driving privilege for your CDL privileges and protect your source of income.
If you or a loved one has been charged with any of the offenses described above, it is imperative that you seek representation from an experienced DWI defense attorney. The law has harsh penalties for CDL holders who commit specific criminal offenses!
Millikan Law Protects You When Your License is at Stake
Those with a commercial driver’s license usually make their living by driving. When their ability to drive is threatened by a DWI conviction, it puts their livelihood and ability to support themselves and their families at stake. No one should have to worry about how an arrest will change their lives, and when you work with the St. Louis DWI attorney on our team, you can be assured we are aggressively fighting for your rights.
Speak with a former police officer
or prosecutor on our team to learn more about how we can help.
St. Louis DWI Defense Attorney
Have you been arrested for a Missouri DWI?
DWI arrest procedures in St. Louis are based, in part, on recommendations by the National Highway Transportation Safety Administration (NHTSA). Police officers try to gather as much evidence as possible to show your level of impairment while driving. At Millikan Law, our experienced
DWI attorney can guide those charged with DWI through both the administrative hearing pertaining to your driving privileges and the DWI court process pertaining to your personal freedom and criminal history. It is important to have an experienced lawyer acting on your behalf in these cases, as we are often able to discover errors related to the prosecution of your case that may be used in your defense.
As former police officers and a former prosecuting attorney, we have seen firsthand the mistakes made during the
evidence collection and arrest process.
While each police department operates differently, this is a typical DWI arrest procedure in St. Louis:
While each police department operates differently, this is a typical DWI arrest procedure in St. Louis:
1. Driving Case
Most police officers will try to establish a "driving case", meaning the officer observed you while driving. Most of the time these driving cases act as the probable cause for making a traffic stop and investigating further. Driving cases may include: speeding , driving too slow, weaving, striking fixed objects or using roadside curbs to guide the vehicle.
Most police officers will try to establish a "driving case", meaning the officer observed you while driving. Most of the time these driving cases act as the probable cause for making a traffic stop and investigating further. Driving cases may include: speeding , driving too slow, weaving, striking fixed objects or using roadside curbs to guide the vehicle.
2. Observation of Person
The officer will investigate further to see if you have physical indicators to possible intoxication, including slurred speech, watery or blood shot eyes and the order of consumed alcoholic drinks.
The officer will investigate further to see if you have physical indicators to possible intoxication, including slurred speech, watery or blood shot eyes and the order of consumed alcoholic drinks.
3. Field Sobriety Tests
The officer will ask you perform a few roadside field sobriety tests to show physical impairment. Standard tests include the Horizontal Gaze Nystagmus Test, The Walk and Turn and The One Leg Stand Test. These tests involve concentration, balance and some basic physical stamina. These tests are voluntary.
The officer will ask you perform a few roadside field sobriety tests to show physical impairment. Standard tests include the Horizontal Gaze Nystagmus Test, The Walk and Turn and The One Leg Stand Test. These tests involve concentration, balance and some basic physical stamina. These tests are voluntary.
4. Portable/Preliminary Breath Test (PBT)
The officer may ask you to blow into a handheld breath test, known as a PBT. This device is not usually carefully calibrated or maintained as well as the larger, official breathalyzer at the police department. This is just another tool to indicate consumption of alcohol.
The officer may ask you to blow into a handheld breath test, known as a PBT. This device is not usually carefully calibrated or maintained as well as the larger, official breathalyzer at the police department. This is just another tool to indicate consumption of alcohol.
5. Arrest and Subsequent Search
If the officer believes you are intoxicated or cannot safely operate your vehicle, you will be arrested and taken to the police department for further testing. You and your vehicle will likely be searched subsequent to an arrest.
If the officer believes you are intoxicated or cannot safely operate your vehicle, you will be arrested and taken to the police department for further testing. You and your vehicle will likely be searched subsequent to an arrest.
6. Testing for Blood Alcohol Content (BAC)
At the police department you will be tested to determine the blood alcohol content (BAC) in your blood. This is usually done via a breathalyzer breath test, but also include testing via blood and/or urine. Failure to submit to a BAC test will result in loss of your driver's license for a year. A DWI conviction will result in loss of your driver's license for up to 90 days (first offense).
At the police department you will be tested to determine the blood alcohol content (BAC) in your blood. This is usually done via a breathalyzer breath test, but also include testing via blood and/or urine. Failure to submit to a BAC test will result in loss of your driver's license for a year. A DWI conviction will result in loss of your driver's license for up to 90 days (first offense).
7. Charged with DWI
If you are 21 years old or older and your BAC is 0.08 or higher, you will be charged with Driving While Intoxicated (DWI) . If you are under 21 years old and your BAC is 0.02 or higher, you will be charged with DWI.
If you are 21 years old or older and your BAC is 0.08 or higher, you will be charged with Driving While Intoxicated (DWI) . If you are under 21 years old and your BAC is 0.02 or higher, you will be charged with DWI.
8. Summons
You will be issued a summons to appear in court to enter a plea of guilty or not guilty.
You will be issued a summons to appear in court to enter a plea of guilty or not guilty.
9. Arraignment
This is your first appearance in court to enter a plea of guilty or not guilty. Conditions of your release, amount of bail, or whether you will remain in jail without bail will be determined by the Judge at the arraignment. Hopefully you have retained the services of an experienced Missouri DWI Attorney to represent you.
This is your first appearance in court to enter a plea of guilty or not guilty. Conditions of your release, amount of bail, or whether you will remain in jail without bail will be determined by the Judge at the arraignment. Hopefully you have retained the services of an experienced Missouri DWI Attorney to represent you.
10. Pre-Trial Conference
11. Suppression Hearing
Motions are made by your attorney to have evidence suppressed from being considered in the criminal DWI case against you.
Motions are made by your attorney to have evidence suppressed from being considered in the criminal DWI case against you.
12. Trial
13. Administrative Hearing
This is the administrative case that occurs separately from the criminal charge. The administrative hearing only deals with the suspension of your driving privileges.
When you have been 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 make a ruling on whether your driver's license should be suspended, revoked, or if the charges against you should be dismissed.
The decisions made in your administrative hearing relate to that hearing only, and do not apply to any criminal DWI charges against you.
This is the administrative case that occurs separately from the criminal charge. The administrative hearing only deals with the suspension of your driving privileges.
When you have been 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 make a ruling on whether your driver's license should be suspended, revoked, or if the charges against you should be dismissed.
The decisions made in your administrative hearing relate to that hearing only, and do not apply to any criminal DWI charges against you.
When you have been accused of driving while intoxicated, you need an experienced and aggressive DWI defense attorney on your side. Our firm knows hiring the best possible defense for your case takes time and consideration, and welcome any questions or concerns you may have.
We offer free case consultations to speak with you about your case, how the law applies, and why Millikan Law is the right choice for you. Let our education and experience make a difference on your behalf!
Frequently Asked Questions About DWI
Millikan Law Provides Insight to Common Concerns
Being pulled over and arrested for driving under the influence is one of the most stressful things you may find yourself going through. An arrest does not equal a conviction! Our experienced St. Louis DWI attorney wants to provide you with the best possible resources so you know what to expect moving forward and how you can benefit your case.
Take some time to read through some of the most frequently asked questions to Millikan Law below.
Our firm is happy to assist you with any additional questions you may have. Feel free to directly give us a call or ill out a free case evaluation to learn more.
Our firm is happy to assist you with any additional questions you may have. Feel free to directly give us a call or ill out a free case evaluation to learn more.
What's the difference between a DWI charge and a DUI charge?
The official charge of operating a motor vehicle while under the influence of alcohol or drugs varies by state. Some states, such as Missouri, refer to the offense as Driving While Intoxicated (DWI). Other states, such as Illinois, refer to this criminal charge as Driving Under the Influence (DUI). Still other states call the offense Operating While Impaired or Intoxicated (OWI) or Operating Under the Influence (OUI).
Regardless of what the offense is called, all states use Blood Alcohol Content (BAC) to determine a driver's level of impairment. Missouri has two Blood Alcohol Content (BAC) thresholds for charging a person with a DWI:
Illinois also has two Blood Alcohol Content (BAC) thresholds for charging a person with a DWI. For drivers 21 years of age or older, the blood alcohol content (BAC) threshold is 0.08. However, in Illinois, there is a zero tolerance policy for underage drinking and driving so the blood alcohol content (BAC) threshold for drivers under the age of 21 is 0.
The official charge of operating a motor vehicle while under the influence of alcohol or drugs varies by state. Some states, such as Missouri, refer to the offense as Driving While Intoxicated (DWI). Other states, such as Illinois, refer to this criminal charge as Driving Under the Influence (DUI). Still other states call the offense Operating While Impaired or Intoxicated (OWI) or Operating Under the Influence (OUI).
Regardless of what the offense is called, all states use Blood Alcohol Content (BAC) to determine a driver's level of impairment. Missouri has two Blood Alcohol Content (BAC) thresholds for charging a person with a DWI:
- For drivers 21 years of age or older, the blood alcohol content (BAC) threshold is 0.08.
- For drivers under 21 years of age, the blood alcohol content (BAC) threshold is 0.02.
Illinois also has two Blood Alcohol Content (BAC) thresholds for charging a person with a DWI. For drivers 21 years of age or older, the blood alcohol content (BAC) threshold is 0.08. However, in Illinois, there is a zero tolerance policy for underage drinking and driving so the blood alcohol content (BAC) threshold for drivers under the age of 21 is 0.
Am I able to beat a Missouri DUI charge?
A DWI arrest can have life-changing consequences including fines, license suspension, and even jail time. In addition, a DWI arrest can negatively affect your career and make it difficult to find a job. However, not every DWI arrest is handled properly by police and that requires further investigation by an experienced DWI attorney. Please click on the infographic to the right for more information.
A DWI arrest can have life-changing consequences including fines, license suspension, and even jail time. In addition, a DWI arrest can negatively affect your career and make it difficult to find a job. However, not every DWI arrest is handled properly by police and that requires further investigation by an experienced DWI attorney. Please click on the infographic to the right for more information.
In some cases, a DWI in Missouri can be amended to lesser offense. This might not always be the best option though. It all depends on the circumstances. There are several factors to consider when making this decision. A thorough examination of all consequences to your license and criminal record need to be taken into account when determining your course of action. The attorney at Millikan Law can help you weigh your options so you are making the right decision.
DWI Expungement is often overlooked by most people. Many do not realize that it is possible to remove a DWI conviction from your criminal record AND your driving record, provided certain qualifications are met.
When charged with DWI, most people are concerned about four things:
Visit our blog post to read more about amending a DWI to a lesser offense.
DWI Expungement is often overlooked by most people. Many do not realize that it is possible to remove a DWI conviction from your criminal record AND your driving record, provided certain qualifications are met.
When charged with DWI, most people are concerned about four things:
- Losing One's Driving Privileges
- Penalties of a DWI Conviction
- Having a Criminal Record
- Having a DWI on One's Driving Record
Visit our blog post to read more about amending a DWI to a lesser offense.
What happens if a child is in the car when I am pulled over for DUI?
If a minor child is in the vehicle when you are pulled over for suspension of Driving While Intoxicated (DWI), the resulting charges in addition to fines, loss of driver’s license and jail time could include a misdemeanor or felony child endangerment charge. If convicted, you could face loss of custody and visitation rights in addition to the aforementioned penalties.
At Millikan Law, our DWI lawyer are dedicated to aggressively defending your rights, to ensure your freedom and custody privileges are maintained. When combating DWI child endangerment charges, our lawyer will determine if there was sufficient reason for stopping your vehicle and if there was reasonable belief that you were intoxicated and therefore endangering the safety of your child. By analyzing the evidence, including police reports, testimonies and BAC results, we will create a solid defense strategy to combat the charges and seek an acquittal.
If a minor child is in the vehicle when you are pulled over for suspension of Driving While Intoxicated (DWI), the resulting charges in addition to fines, loss of driver’s license and jail time could include a misdemeanor or felony child endangerment charge. If convicted, you could face loss of custody and visitation rights in addition to the aforementioned penalties.
At Millikan Law, our DWI lawyer are dedicated to aggressively defending your rights, to ensure your freedom and custody privileges are maintained. When combating DWI child endangerment charges, our lawyer will determine if there was sufficient reason for stopping your vehicle and if there was reasonable belief that you were intoxicated and therefore endangering the safety of your child. By analyzing the evidence, including police reports, testimonies and BAC results, we will create a solid defense strategy to combat the charges and seek an acquittal.
Remember, when you have been arrested for driving while intoxicated, you do not need to proceed alone. With over 50 years of combined experience and experience as former police officers and prosecutors, Millikan Law knows the tactics that are used to get you punished. Our aggressive and knowledgeable criminal defense attorney will stop at nothing to get you the most favorable outcome.
For more information about Millikan Law or to schedule a free case evaluation, contact us today!
For more information about Millikan Law or to schedule a free case evaluation, contact us today!
Consequences of a St. Louis DWI
Call Millikan Law For Legal Representation
There are significant penalties that may apply when you have been arrested and charged with driving while intoxicated in St. Louis, and these penalties will only increase if you have had more than one DWI conviction or if you happened to have a child in the car or were involved in an accident at the time. Remember that you are not alone when you have been accused of DWI. An experienced attorney at Millikan Law is here for you during this stressful time.
Contact our
Missouri lawyer today!
What penalties am I facing for a DWI in Missouri?
The consequences of a DWI depends on a number of additional factors, but there are some things like will likely apply to each and every person that is facing a conviction.
Criminal and Administrative DWI penalties in St. Louis include:
- Mandatory alcohol education and treatment/assessment (SATOP)
- Administrative license suspension/revocation
- Probation
- Possibility of jail time
- Possible vehicle confiscation in limited circumstances
- Installation of an ignition interlock device
It is important that you act quickly after being
arrested for DWI. You must appeal the administrative suspension within 15 days from the day you were arrested or your license will be suspended or revoked and you will have no right to appeal the decision of the Department of Revenue. This suspension can occur no matter what the criminal outcome of your case may be. This means that your license may be suspended even if you are found to be innocent of the DWI charges that have been leveled against you.
Your license will be suspended by the DMV if:
- Your refused to submit to a breath, blood, or urine test of your alcohol concentration after you were arrested upon reasonable suspicion of driving while intoxicated (DWI)
- Your blood alcohol concentration (BAC) was tested and the alcohol concentration in your blood, breath, or urine was .08% or higher (.02% or higher if you are under 21 years old at the time of arrest).
- You did not challenge the suspension within 15 days of being arrested for driving while intoxicated.
To ensure that you are able to maintain your driving privileges and prevent a DWI conviction from negatively affecting your record, you must work with an experienced DWI defense attorney. At Millikan Law, our attorney prides themselves on tirelessly working on behalf of their client’s interests. We believe that you should not experience a lifetime of negative repercussions for one mistake, and use every tool in our arsenal to prevent this from occurring.
You Need a Defense Attorney From Millikan Law
SATOP is an abbreviation for Substance Abuse Traffic Offenders Program. The State of Missouri mandates successful completion of this program in order to have a driver´s license reinstated. The purpose of SATOP is to inform drivers of the hazards associated with impaired driving and promote safe driving throughout Missouri.
Participation in SATOP is required as a result of:
- Administrative Suspension of driver´s license for DWI
- Condition of Plea Bargain or Probation
- Court Order
- Revocation of driver´s license for DWI
SATOP in St. Louis has two distinct stages: the assessment and the program. The purpose of the assessment is to evaluate the driver´s use of alcohol or drugs while driving. Based on this assessment, the driver will be assigned to one of six SATOP programs. While SATOP is required, it also costs significant money that must be paid by you.
Don’t let a mistake take an unnecessary toll on your life. When you work with our St. Louis DWI defense lawyer, you can be confident that you are working with an award-winning firm that promises to offer you the exceptional and personal representation that your case deserves.
Don’t let a mistake take an unnecessary toll on your life. When you work with our St. Louis DWI defense lawyer, you can be confident that you are working with an award-winning firm that promises to offer you the exceptional and personal representation that your case deserves.
Don’t take it from us, check out some of the things our
happy clients have said
and
call us to get started
on your DWI defense!
Field Sobriety Tests in MO DWI Arrests
What do you need to know about this DWI evidence?
Field sobriety tests are one of the ways that a St. Louis police officer that has pulled over a driver on suspicion of driving under the influence can gather evidence to make an arrest. YOU ARE NOT REQUIRED BY LAW TO SUBMIT TO A FIELD SOBRIETY TEST.
In nearly every DWI case, the police officer has already made up their mind whether or not they will try and make an arrest, and the purpose of a field sobriety test is to simply justify that decision. Don’t let police officers bully you into something you are not legally required to perform.
An experienced DWI lawyer will try to have the results of field sobriety tests suppressed in court for a number of reasons. Many police officers are not properly trained to administer and/or properly evaluate the results of a field sobriety test. These tests are largely subjective and are often conducted in non-ideal conditions.
An experienced DWI lawyer will try to have the results of field sobriety tests suppressed in court for a number of reasons. Many police officers are not properly trained to administer and/or properly evaluate the results of a field sobriety test. These tests are largely subjective and are often conducted in non-ideal conditions.
Were you asked to take a field sobriety test before your DWI arrest? Our St. Louis DWI defense attorney can fight against these accusations on your behalf!
Schedule your free consultation
with Millikan Law today!
What are field sobriety tests?
Field sobriety tests are comprised of physical and mental tasks used to determine if the driver is impaired. The
National Highway Transportation Safety Administration (NHTSA) has recommended specific instructions on which field sobriety tests should be conducted and how a police officer should conduct the tests. The NHTSA has stated that "If any one of the standardized field sobriety test elements is changed, the validity is compromised."
The NHTSA recommends the following standardized field sobriety tests:
- The Horizontal Gaze Nystagmus (HGN) Test: Asking the accused to follow an object, such as a pen, with their eyes in order to observe the involuntary reaction of the eyes at certain angles.
- The Walk-and-Turn (WAT) Test: The suspected drunk driver is asked to walk heel to toe in a straight line and return in the same manner.
- The One-Leg-Stand Test: A driver is asked to hold one foot off the ground and count by thousands for around 30 seconds.
According to some estimates, these tests, when used in combination with one another, are allegedly accurate in 91% of all DWI cases. If this estimation is correct, it is also assuming that the tests were performed correctly and there were no extenuating circumstances that could have contributed to a false positive.
In addition to these tests, many police officers will ask a driver suspected of drunk driving to recite the alphabet without singing and/or to count backwards from 100 to a specific number. These tests are not endorsed by the NHTSA as part of a standardized field sobriety test rotation.
In addition to these tests, many police officers will ask a driver suspected of drunk driving to recite the alphabet without singing and/or to count backwards from 100 to a specific number. These tests are not endorsed by the NHTSA as part of a standardized field sobriety test rotation.
Why is hiring a St. Louis DWI defense lawyer to your benefit?
A field sobriety test is just one element of the evidence collected in a DWI case. Other evidence may include:
police officer observations, defendant statements,
preliminary/portable breath test (PBT) and
BAC test results
(breathalyzer or blood test).
The team at Millikan Law has over 50 years of combined experience handling cases just like yours. We have worked with clients that have taken, and failed, field sobriety tests that have led to their subsequent arrests. As former police officers and a former prosecuting attorney, our firm has experience on the other side of the law and knows of the various tactics that can be used to convict you for a crime you are not guilty of.
The team at Millikan Law has over 50 years of combined experience handling cases just like yours. We have worked with clients that have taken, and failed, field sobriety tests that have led to their subsequent arrests. As former police officers and a former prosecuting attorney, our firm has experience on the other side of the law and knows of the various tactics that can be used to convict you for a crime you are not guilty of.
The
sooner that you call
our St. Louis DWI attorney, the quicker that we can begin building a solid case to cast doubt on your charges.
When your rights and freedoms are on the line, you cannot afford to waste any time!
Ignition Interlock Device
When You Should Call A St. Louis DUI Defense Lawyer
An ignition interlock device is a device connecting to your vehicle that prevents you from operating your car with a measurable blood alcohol level. If any alcohol is measured in the mouth, the engine of the vehicle will not start. In July 2008, Senate Bill 930/947 was passed, affecting all future repeat offenders of Missouri's DWI laws. This bill will also affect any past repeat offenders that have not had their driving privileges partially or fully reinstated before July 1, 2009.
Under this new law, if you already have a previous DWI on record and you received an additional suspension or revocation for DWI, or if you refuse to submit to an alcohol or drug test, you may have to have an ignition interlock device installed in your vehicle before your driving privilege can be reinstated. This new law also applies to Missouri drivers with alcohol-related offenses from other states.
Under this new law, if you already have a previous DWI on record and you received an additional suspension or revocation for DWI, or if you refuse to submit to an alcohol or drug test, you may have to have an ignition interlock device installed in your vehicle before your driving privilege can be reinstated. This new law also applies to Missouri drivers with alcohol-related offenses from other states.
Are you wondering how an ignition interlock device may apply in your case? Need help fighting back against an ignition interlock device being installed in your car? The St. Louis criminal defense and DUI attorney at Millikan Law is here to help. Give us a call today!
How does an ignition interlock device work?
An ignition interlock device works to prevent someone that has previously been convicted of driving under the influence from repeating their actions and getting behind the wheel after drinking.
These devices are able to prevent a car from starting by:
- The driver must blow into the mouthpiece before being able to start their car;
- The fuel cell located inside the ignition interlock device analyzes the blood alcohol content in the breath; and
- If the BAC is below a certain limit, the vehicle will start; or
- If BAC is above the certain limit, the fuel cell will remain open and the car will not stop.
In order to prevent someone from asking a sober passersby or friend to blow into the device for them, ignition interlock devices have a built-in system that will require a driver to breathe into them while driving to ensure that they are sober. This information will be recorded and sent to authorities.
How can I get an ignition interlock device?
The installation of the IID must be completed by an approved vendor, and is normally in place for a minimum of six months. During this time period, you will be required to report to a certified IID vendor each month for maintenance to ensure the device is working properly. Failure to comply with this maintenance requirement will mean the
suspension ofyour driving privileges. At this point, to have your driving privileges reinstated, you will have to go to an approved vendor, get the IID reinstalled or serviced, send proof to the Driver's License Bureau of the installation or service, and pay the required $20 reinstatement fee.
In certain situations, the court may impose a longer period for the IID. Failure to install the IID will lead to the revocation of your driving privileges for one year. A second offense will result in the loss of driving privileges for five years.
For individuals that refuse to submit to an alcohol or drug test, this new law will require you to file proof of automobile liability insurance with the Department of Revenue to get your license reinstated. This proof of insurance must be filed with the Department of Revenue for a two-year period from the date of revocation. The most common proof of insurance is the SR-22, which will be filed by your insurance carrier. In addition, you may be required to pay a reinstatement fee, and complete SATOP ( Substance Abuse Traffic Offenders Program).
In certain situations, the court may impose a longer period for the IID. Failure to install the IID will lead to the revocation of your driving privileges for one year. A second offense will result in the loss of driving privileges for five years.
For individuals that refuse to submit to an alcohol or drug test, this new law will require you to file proof of automobile liability insurance with the Department of Revenue to get your license reinstated. This proof of insurance must be filed with the Department of Revenue for a two-year period from the date of revocation. The most common proof of insurance is the SR-22, which will be filed by your insurance carrier. In addition, you may be required to pay a reinstatement fee, and complete SATOP ( Substance Abuse Traffic Offenders Program).
How can I get an ignition interlock device?
Under Missouri law, even a first-time DUI conviction can find you with an ignition interlock device installed on your vehicle. This is not only an immense expense, but inhibits your ability to freely drive. When your rights are on the line, you must fight back! With an experienced DUI attorney in St. Louis, you can be confident that your case is in good hands. Our lawyer’s experience as a former prosecutor means that we are familiar with both sides of a criminal case, and can put our knowledge in your hands.
Schedule your
free case evaluation
with our team!
Limited Driving Privilege in St. Louis
Learn About Your Options During a Missouri DWI
A limited driving privilege (LDP) license is sometimes referred to as a "hardship" license. Essentially, this type of license is granted to someone whose driver's license has been suspended or revoked. At Millikan Law, we understand how important driving is to your job, family and your livelihood, which is why our attorney will work with you to negotiate a limited driving privilege ordered by the court. Being granted a LDP means the driver is allowed to operate a vehicle under a number of restrictive conditions. In some circumstances you may even qualify for an
expanded limited driving privilege.
Wondering if you may qualify for a LDP? Schedule a
free consultation
with a DWI attorney today!
Do I qualify for a limited driving privilege?
A court shall grant the LDP if the applicant:
- is otherwise eligible
- has filed proof of ignition interlock installation
- has no “alcohol related enforcement contacts” as defined in Section 302.525.3 RSMo since the
- last conviction that triggered the denial
- the court makes a finding that the applicant’s habits and conduct show they no longer pose a threat
- to the public safety
Many people do not qualify for a limited driving privilege for a multitude of reasons. The following are the most common conditions that prevent someone from obtaining a LDP.
Reasons Limited Driving Privilege (LDP) Is Denied:
- You do not have a Missouri Driver's License.
- You did not have an IID (Ignition Interlock Device) installed after a chemical refusal test.
- You have a conviction for a felony involving the use of a motor vehicle.
- You have a conviction for leaving the scene of an accident.
- You have a disqualification of commercial driving privileges.
- You have a conviction for driving a motor vehicle under the influence of drugs or controlled substances.
- You have a revocation for failure to pass a Department of Revenue driving or medical examination.
- You have a suspension for an unsatisfied motor vehicle accident judgment.
- You have a suspension for failure to pay ticket(s) in Missouri or in another state.
What can I expect from a LDP license?
Effective July 5, 2013, the law in Missouri on limited driving privileges (LDPs) changed. An overview of Section 302.309 RSMo and the changes therein:
For five and ten year license denials, Section 302.309.3(8)(a) and (b) RSMo, provides in part as follows:
If you don’t meet one of these requirements, there may still be additional options available to you for gaining a limited driving privilege. Our experienced DWI defense lawyer at Millikan Law will evaluate your individual case to determine what qualifications you may meet in order to attain an LDP.
- Removes the 5-year limitation on LDP issuance
- Offenders are now eligible for an LDP on an administrative alcohol revocation after the 45 day “hard walk” if an Ignition Interlock Device (IID) installed
- Offenders are now eligible for an LDP on a second or subsequent chemical refusal revocation, after serving an initial 90-day “hard walk” suspension
- It eliminates the “two-Refusal” ineligibility for other LDP applicants
- Ignition interlock device (IID) is now required for first chemical refusal LDPs.
For five and ten year license denials, Section 302.309.3(8)(a) and (b) RSMo, provides in part as follows:
- Camera and GPS features required for ignition interlock devices (IIDs)
- Eliminates the two year and three year “hard walk” prior to LDP eligibility
- Eliminates requirement for criminal history checks for five and ten year denial LDP applications
- Applicants must be “otherwise eligible” for an LDP. If ineligible, the person may apply to a DWI court.
If you don’t meet one of these requirements, there may still be additional options available to you for gaining a limited driving privilege. Our experienced DWI defense lawyer at Millikan Law will evaluate your individual case to determine what qualifications you may meet in order to attain an LDP.
Speak With Experienced St. Louis DWI Defense Attorney
When your driving rights have been revoked due to a DWI conviction, you face numerous hardships that you should not have to tackle alone. Our St. Louis DWI defense lawyer can help. When you work with our firm, you have the experience of a police officer and former prosecutor on your side, ensuring that we know the tactics used to deny you the rights you are owed.
Find out what Millikan Law can do for you after a DWI arrest by
calling our office
.
Expanded Driving Privilege For MO Drivers
Call our St. Louis Attorney When Your Rights Are At Stake
Being arrested and convicted of driving while intoxicated can have a serious impact on your life. In many cases, your driving privileges will be revoked by the Department of Motor Vehicles and the court, preventing you from getting to your place of employment, important appointments, and even being able to drive your children. Luckily, someone that does not have their current driving privileges does not need to despair. The court allows for those with a DWI to apply for expanded driving privileges. The purpose of attaining an expanded driving privilege is to allow a person to drive to and from important places, such as work and school, without fear of penalty.
Living with a DWI conviction can be hard enough. Losing the right to drive only makes it even harder. When you have important responsibilities, you cannot afford to let a DWI prevent you from accessing your responsibilities.
Schedule a free consultation
with a former prosecuting attorney at Millikan Law. When you have been arrested for a St. Louis DWI offense, you need an aggressive attorney by your side.
When can I drive after a DWI?
In Missouri law, Section 302.309.3(2) RSMo expands the privilege to drive when extenuating circumstances are involved. Under the LDP statute, limited privileges may be granted for the following purposes:
- Business, occupation or employment reasons
- To seek medical attention or treatment
- For the purpose of attending an educational institution
- The attendance of an alcohol or drug treatment
- Seeking the required services of an Ignition Interlock Device (IID) provider
- Other circumstances found to create an undue hardship on operator
The “other circumstances” allows for the possibility of an operator to drive in situations where the inability to drive creates a serious problem for him or herself or their loved ones. Circumstances such as an individual who cares for a disabled child or elderly parent may be allowed to drive to and from the parent’s home and doctor’s appointments.
The request for an expanded limited driving privilege must be included in the LDP application submitted to the Department of Revenue. The request should set out specific locations that the operator is requesting to drive to and from. Upon providing proof that this is in fact a hardship, the Department of Revenue will likely grant the expansion of the limited permit to include the locations listed on the LDP application.
The request for an expanded limited driving privilege must be included in the LDP application submitted to the Department of Revenue. The request should set out specific locations that the operator is requesting to drive to and from. Upon providing proof that this is in fact a hardship, the Department of Revenue will likely grant the expansion of the limited permit to include the locations listed on the LDP application.
Working with a St. Louis DWI Defense Lawyer Can Help You
The best thing you can have on your side is impassioned and aggressive defense. The
penalties for a DWI can be extremely harsh and long-lasting, solely aimed at punishing the offender. You do not deserve to have this difficult time be made any harder. When you work with Millikan Law, you can be confident that our team is looking out for your best interests. Your life does not end with a DWI conviction, and we want to make sure that it has the smallest overall effect on your life as possible.
Learn more about expanded driving privileges by speaking with a St. Louis DWI lawyer on our team.
Call our office
today to get started!
Defense for Multiple DWI Charges
Have you already been arrested once for DWI in St. Louis?
Under the law, DWI convictions are punished unusually harshly. Penalties for this crime is aimed at preventing a driver from ever getting behind the wheel intoxicated again, so a first time DWI conviction is aimed at being particularly aggressive. Even worse is when a driver has been accused of a DWI after their first arrest. Second and successive alcohol-related driving offenses have progressively more serious consequences, both criminally and civilly.
With a former police officer and prosecuting attorney by your side, you are well-poised for a solid and reasonable defense. At Millikan Law, our DWI defense attorney has an advantage that other firms are missing- the experience of someone that has been on both sides of the law. If you are facing more than one DWI conviction, you need experienced help as soon as possible.
With a former police officer and prosecuting attorney by your side, you are well-poised for a solid and reasonable defense. At Millikan Law, our DWI defense attorney has an advantage that other firms are missing- the experience of someone that has been on both sides of the law. If you are facing more than one DWI conviction, you need experienced help as soon as possible.
Schedule your
free consultation
with St. Louis criminal defense lawyer today!
What penalties may I face for multiple DWIs?
While many people view the punishment for a first time state DWI offense as aggressive and even severe, the penalties for a second, or subsequent, state DWI offense have even greater consequences. A first time DWI conviction is a class B misdemeanor
and is punishable by imprisonment for a term not to exceed six (6) months and a fine not to exceed $500. A subsequent DWI or "intoxication-related traffic offense" conviction may subject the offender to significantly more severe punishment under the provision of "persistent offender" and "prior offender" definitions in Missouri statute 577.023, RSMo Supp. 2003.
A "persistent offender" is defined as one of the following:
- A person who has pleaded guilty to or has been found guilty of two (2) or more intoxication-related traffic offenses within ten (10) years of the first intoxication-related offense.
- A person who has pleaded guilty to or has been found guilty of involuntary manslaughter, assault in the second degree, assault of a law enforcement officer in the second degree.
If an offender pleads guilty or is convicted of a subsequent DWI or intoxication-related offense and proven to be a "persistent offender", he/she will be convicted of a Class D felony. Punishment for a Class D
felony is a term of imprisonment not to exceed four (4) years and a fine not to exceed $5,000.
A "prior offender" is defined as:
A person who has pleaded guilty or has been convicted of one (1) intoxication-related traffic offense, where the prior offense occurred within five (5) years of the current charge.
A person who has pleaded guilty or has been convicted of one (1) intoxication-related traffic offense, where the prior offense occurred within five (5) years of the current charge.
If an offender pleads guilty or is convicted of a subsequent DWI or intoxication-related offense and proven to be a "prior offender", he/she will be convicted of a Class A misdemeanor. Punishment for a Class A misdemeanor is a term of imprisonment not to exceed one year and a fine not to exceed $1,000.
What penalties may I face for multiple DWIs?
Keep in mind that Missouri law has a five year lookback period for DWI offenses. This means that when you have been arrested and charged with driving while intoxicated, the court will look at your driving history for five years prior. If you have one other drunk driving conviction during this time, the court will punish this as a multiple DWI. If no other convictions exist, you will be facing a first-time DWI.
No matter what penalties you may be facing, you need the aggressive defense of a St. Louis DWI defense attorney when your rights are at stake. Know that the team at Millikan Law is by your side during this difficult time. Call to speak with a member of our legal team and get the experienced representation you deserve!
No matter what penalties you may be facing, you need the aggressive defense of a St. Louis DWI defense attorney when your rights are at stake. Know that the team at Millikan Law is by your side during this difficult time. Call to speak with a member of our legal team and get the experienced representation you deserve!
5 & 10 Year License Denials
Wondering how your DWI affects driving privileges?
If you have been arrested and accused of driving under the influence in St. Louis, you face a number of penalties, including having your driving privileges taken away from you. While those with a first time conviction oftentimes face a minimal intrusion of their ability to drive, those with
multiple DWI convictions find the court taking a harsher stand against them.
Multiple convictions of alcohol related offenses in Missouri will result in a denial of driving privileges for a five (5) or ten (10) year period. While there are many nuances to the law,
Missouri statutes essentially state:
- A second conviction for driving while intoxicated (DWI) in a five year period will result in five-year license denial.
- A third or more conviction for driving while intoxicated (DWI) in a five year period will result in a ten-year license denial.
After the respective denial period, either five years or ten years, driving privileges may be restored by court order only. In a ten-year denial, the driver must obtain an order of reinstatement from the circuit court in the county where the last conviction occurred after serving the ten-year period. However, a person may be able to gain driving privileges sooner by obtaining a
limited driving privilege through the court, often called a "Hardship" license.
When you have been convicted of DWI, the court will aggressively act to take away many of your rights and privileges. It is important now more than ever to take the steps necessary to protect yourself. Work with an experienced DWI lawyer at Millikan Law and learn how a license denial affects you and the steps you can take to minimize its impact on your life.
When you have been convicted of DWI, the court will aggressively act to take away many of your rights and privileges. It is important now more than ever to take the steps necessary to protect yourself. Work with an experienced DWI lawyer at Millikan Law and learn how a license denial affects you and the steps you can take to minimize its impact on your life.
Schedule a free initial
case consultation
with the former police officer and prosecutor St. Louis DWI defense lawyer!
Limited Driving Privileges in a License Denial
Folks with five and ten year license denials are eligible to apply for a
LDP. Section 302.309.3(8)(a) and (b) RSMo, provides in part that the applicant show proof of the following:
- Ignition interlock devices (IIDs) with camera and GPS features
- Applicants must be “otherwise eligible” for an LDP (i.e., no felony, etc.). If not eligible, the person may apply to a DWI court.
- A court shall grant the LDP if the applicant:
- Is otherwise eligible;
- Has filed proof of ignition interlock installation;
- Has no “alcohol related enforcement contacts” as defined in Section 302.525.3 RSMo since the last conviction that triggered the denial; and
- The court makes a finding that the applicant’s habits and conduct show they no longer pose a threat to the public safety
Our Firm Can Help with the Reinstatement of a St. Louis Driver’s License
Driving privileges may be reinstated after the suspension or revocation period is served, provided all requirements are filed with the Missouri Department of Revenue. Drivers not satisfying the reinstatement requirements of the State will continue to have their driving privileges suspended or revoked.
If driving privileges were suspended or revoked for points assessed resulting from an alcohol related conviction, the driver must meet the following requirements to have privileges reinstated:
If you are wondering how you may be able to have your driving privileges reinstated after a license denial, consult with Millikan Law. Our award-winning St. Louis DWI lawyer can help you regain your freedom. We believe that everyone deserves to have their rights upheld before the court and that a simple mistake should not prevent anyone from being able to provide for themselves and their family.
If driving privileges were suspended or revoked for points assessed resulting from an alcohol related conviction, the driver must meet the following requirements to have privileges reinstated:
- Pay $45 reinstatement fee.
- File and maintain proof of financial responsibility for two years from the suspension or revocation date.
- Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP).
- Drivers revoked for at least one year are required to successfully complete the driver examination and apply for a new license (and pay the appropriate license fee).
If you are wondering how you may be able to have your driving privileges reinstated after a license denial, consult with Millikan Law. Our award-winning St. Louis DWI lawyer can help you regain your freedom. We believe that everyone deserves to have their rights upheld before the court and that a simple mistake should not prevent anyone from being able to provide for themselves and their family.
For more information how a DWI attorney can help you, do not hesitate to
call our offices
immediately.
Driver’s License Reinstatement in St. Louis
Let a DUI Defense Attorney Help You Drive in MO
Missouri SR-22 is a form for drivers that have been arrested and convicted of driving under the influence that helps to meet a requirement to reinstate a suspended or revoked driver license. The filling of a SR22 in St. Louis provides a guarantee to the Missouri Motor Vehicle & Drivers Licensing Department that:
- The insurance company has issued at least minimum liability coverage required by the State to the person filing the Missouri SR22 form.
- The insurance company will notify the Missouri Secretary of State if there is a lapse in coverage provided.
Have you been convicted of DUI in St. Louis and wondering how you can get your driver’s license back? Look no further! The DUI defense attorney at Millikan Law will fight for the rights of those across Missouri.
Contact us
to learn how we can help!
Do I need a SR-22 form?
The SR-22 verifies that a driver that has their license revoked has the necessary car insurance needed to drive. This must be prepared by an insurance company and filed with the Department of Motor Vehicles, for five years following a DUI conviction.
Anyone who has a Missouri driver's license either suspended or revoked will need to file the SR22 form in order for the license to be reinstated. Driver's license suspensions and revocations can occur of a number of reasons, including:
Anyone who has a Missouri driver's license either suspended or revoked will need to file the SR22 form in order for the license to be reinstated. Driver's license suspensions and revocations can occur of a number of reasons, including:
- Administrative Suspensions
- Accumulating More Points on Driver's License Allowed by Law
- Drunk Driving Violations
- Uninsured Drivers Involved in Accidents
- Unpaid Fines | Parking Violations
Keep in mind that a driver that has their license suspended and is now seeking reinstatement may find themselves with a higher car insurance premium than other drivers. Filing a SR-22 is considered a red flag that indicated a driver may not be eligible for insurance discounts.
Millikan Law, St. Louis Attorney, Can Help!
St. Louis DWI attorney can help you in filing the SR22 form. They have a long standing relationship with an insurance agency, the LaVigne Group, well versed with Missouri SR22 requirements as well as additional insurance impact from a DWI.
You can contact the LaVigne Group directly at:
The LaVigne Group
Steve LaVigne
9849 Manchester
Suite 2
St. Louis, MO 63119
Tel: 314.963.0432
At Millikan Law, our attorney is not afraid to fight for your rights in court. From upholding your innocence against the prosecution to obtaining your license, you can be confident that our team is by your side every step of the way. Our firm lawyer has worked as former law enforcement and prosecuting attorney, making us intimately familiar with the numerous ways that the law can be used against you.
You can contact the LaVigne Group directly at:
The LaVigne Group
Steve LaVigne
9849 Manchester
Suite 2
St. Louis, MO 63119
Tel: 314.963.0432
At Millikan Law, our attorney is not afraid to fight for your rights in court. From upholding your innocence against the prosecution to obtaining your license, you can be confident that our team is by your side every step of the way. Our firm lawyer has worked as former law enforcement and prosecuting attorney, making us intimately familiar with the numerous ways that the law can be used against you.
Schedule your free consultation
to get started on your aggressive defense.
Legal Defenses to Police Observation
How can a DWI defense attorney refute police evidence?
The St. Louis DWI lawyer at Millikan Law have extensive experience in DWI cases. As former police officers, they know firsthand the steps required by law in making a drunk driving case. They also know the short cuts and mistakes that police officers can make.
Nearly all drunk driving cases include the observations of the arresting police officer as part of the DWI evidence (defendant statement, field sobriety test, portable breath test, BAC test). These observations usually form the probable cause needed to stop and detain a person for a DWI investigation. In the majority of drunk driving cases, the officer observes erratic driving and/or a traffic violation.
Nearly all drunk driving cases include the observations of the arresting police officer as part of the DWI evidence (defendant statement, field sobriety test, portable breath test, BAC test). These observations usually form the probable cause needed to stop and detain a person for a DWI investigation. In the majority of drunk driving cases, the officer observes erratic driving and/or a traffic violation.
When you have been arrested for driving under the influence, you need to be able to rely on your defense. You can be confident that the St. Louis defense lawyer is here when you need it.
Contact our office
to get started!
What do police look for during a St. Louis DWI stop?
When investigating a possible DWI case, police officers look for a variety of possible indicators of intoxication, including:
- order of consumed alcohol
- alcoholic beverage containers
- slurred speech
- watery eyes, flushed face
- inability to speak coherently
- inability to perform field sobriety tests
- difficulty maintaining balance
- difficulty staying focused on simple tasks (producing driver´s license, etc.)
The issue with these observations is, again, they are very subjective. Many of these physical conditions are indicative of many other possibilities, not just intoxication. Other possible causes of these physical conditions include: nervousness, exhaustion, illness (common cold, etc.) and other physical ailments.
In addition to statements made by a suspect, police officers make specific observations during field sobriety tests conducted along the roadside. The field sobriety tests are used to further indicate possible impairment if the driver is unable to perform specific physical and mental tasks.
You are NOT required by law to submit to a field sobriety test. Many police officers will attempt to pressure or scare a driver into submitting to field sobriety tests and portable breath tests. There are no consequences to refusing a field sobriety or portable breath test.
In addition to statements made by a suspect, police officers make specific observations during field sobriety tests conducted along the roadside. The field sobriety tests are used to further indicate possible impairment if the driver is unable to perform specific physical and mental tasks.
You are NOT required by law to submit to a field sobriety test. Many police officers will attempt to pressure or scare a driver into submitting to field sobriety tests and portable breath tests. There are no consequences to refusing a field sobriety or portable breath test.
Police Statement During DWI Arrest
Often people stopped for suspicion of drunk driving will answer a police officer´s questions hoping to talk their way out of the investigation or because they don't realize their statements can be used against them later in court.
DWI lawyers understand the confusion people have regarding "Miranda" and the use of statements against them. Some people mistakenly believe statements made prior to a Miranda warning are not admissible in court. THIS IS NOT TRUE. Some statements made voluntarily or in the course of any investigation can be used against you regardless of the Miranda warning.
The 5th Amendment right to not incriminate yourself can be a confusing and complex area of law. The best course of action is provide as little information as possible during an investigation and politely state that you prefer to speak with an attorney before answering any further questions beyond identifying yourself.
DWI lawyers understand the confusion people have regarding "Miranda" and the use of statements against them. Some people mistakenly believe statements made prior to a Miranda warning are not admissible in court. THIS IS NOT TRUE. Some statements made voluntarily or in the course of any investigation can be used against you regardless of the Miranda warning.
The 5th Amendment right to not incriminate yourself can be a confusing and complex area of law. The best course of action is provide as little information as possible during an investigation and politely state that you prefer to speak with an attorney before answering any further questions beyond identifying yourself.
When you meet with a
DWI lawyer, be sure to tell the attorney everything that transpired including the information you provided the police officer. Our firm can help provide the best possible DWI defense case for the evidence in your case, such as
police officer observations
,
defendant statements,
field sobriety tests
, portable/preliminary breath tests and
BAC test results
.
BAC Calculator
Estimate If You May Be Over the Legal Limit
A blood alcohol content (BAC) test can be administered by a law enforcement official if you are suspected of driving under the influence of alcohol. In the state of Missouri, driving with a BAC level over 0.08 is warrant for being charged with a DWI and could result in fines or jail time. Our BAC calculator can help estimate what your BAC may be after consuming alcohol. While this can be seen as a guide, the information is not 100% accurate and should not be relied upon as a safe indication to drive.
Disclaimer:
This site is for entertainment and informational purposes only. The information on this site is NOT LEGAL ADVICE. Your actual blood alcohol concentration depends on a variety of additional factors, like genetic makeup, personal health, and recent food consumption. These results are rough estimates for an average person only. Do not rely on these results to drive or work. Never drink and drive.
Disclaimer:
Please note that our BAC Calculator is just an estimate and not 100% accurate. Your actual BAC is dependent on many factors including (but not limited to) your emotional and physical condition, overall health, and other substances recently ingested (i.e. food, water, drugs, etc.). Do NOT consider this a guideline for how much you can drink and still drive responsibly, or avoid being arrested!
Should you decide to
refuse a BAC test in St. Louis, our DWI attorney has extensive experience with drunk driving cases and evaluating the evidence used in your case to seek for the charges to be dropped. Without a BAC test, evidence in the case could be severely limited and could lead to a dismissal of all charges. At Millikan Law, we are dedicated to retaining your freedom, ensuring your rights are maintained, and fighting for fair representation.
Contact our firm today!
Minors in Possession of Alcohol (MIP)
You May Need A St. Louis Criminal Defense Lawyer
The Missouri Minor in Possession of Alcohol (MIP)
law was revised and made effective August 28, 2005. The revised law expands the previous statute by defining "possession" to include "consumption" of alcohol and being "visibly intoxicated". The prosecution no longer needs to demonstrate that an alcoholic beverage existed or that the minor had physical possession the alcoholic beverage. If the prosecution can demonstrate the minor has consumed alcohol, the minor can be convicted of MIP.
Penalties for MIP Charges in Missouri
Someone can be arrested and charged with MIP if they appear to be intoxicated or if they have any amount of alcohol in their system, even if it is not even close to the legal limit. In the battle against underage drinking, there are likely to be many underage individuals unfairly charged for a crime they are innocent of. With harsh punishments that can result, it is imperative that you take action to protect yourself or your child.
Minors, defined as people between 16 and 20 years old, who plead guilty to or are convicted of MIP face the following punishments:
A conviction of any criminal charge can have serious consequences, both now and in the future. Many courts are becoming stricter and sentencing significant jail time and fines, especially for repeat offenders. Future consequences include the ability to gain employment as many employers conduct a criminal records check as a part of the hiring process. Many employers, including the military, the government, most banks and medium/large businesses, will not hire someone who has a criminal record.
Minors, defined as people between 16 and 20 years old, who plead guilty to or are convicted of MIP face the following punishments:
- 1st Offense - Driver's License suspended for 30 days.
- 2nd Offense - Driver's License suspended for 90 days.
- 3rd or Subsequent Offense - Driver's License revoked for one year.
A conviction of any criminal charge can have serious consequences, both now and in the future. Many courts are becoming stricter and sentencing significant jail time and fines, especially for repeat offenders. Future consequences include the ability to gain employment as many employers conduct a criminal records check as a part of the hiring process. Many employers, including the military, the government, most banks and medium/large businesses, will not hire someone who has a criminal record.
Choose an Experienced Defense Firm in St. Louis
An experienced criminal defense lawyer will be able to advise you how the current law applies to your specific situation and help secure the best possible outcome. The St. Louis criminal defense attorney of Millikan Law is a former police officer and prosecuting attorney and has represented people charged with a wide range of criminal offenses, including minors in possession of alcohol. Their unique experience allows them to offer their clients a solid defense strategy.
Contact us online
or call
(314) 621-0622
to learn how our St. Louis defense attorney can help you fight charges for minor in possession of alcohol (MIP). We offer a
free initial consultation
, so you have nothing to lose by getting in touch with Millikan Law today!
Minors in Possession of Alcohol (MIP)
You Future Is Too Important Not To Fight For
A misdemeanor crime is one that is considered a lesser criminal charge than a felony. Those convicted of this crime generally face a smaller fine and spend less than one year in prison. Since the consequences for these crimes seem to be minor, many people mistakenly believe that misdemeanors do not need strong and aggressive criminal defense. This is not the case.
When your rights and freedoms are at stake, you need to retain the aggressive services of a criminal defense attorney that will stop at nothing to fight for your rights.
As former police officers and a prosecuting attorney,
our criminal defense attorney has a unique perspective in every criminal defense case. Our attorney knows the proper steps to protect your rights and can quickly determine if your rights were violated. Get started by
calling our offices
as soon as possible.
