 What happens if I get pulled over and I’ve been drinking?
Most people know that if they are pulled over in the state of Missouri and have a blood-alcohol content (BAC) level of .08 or higher, you will be charged with driving while intoxicated (DWI). There are many important factors to keep in mind if you have been pulled over and have been drinking. When you are pulled over by a police officer, the officer will use many different techniques to attempt to determine if you are impaired by alcohol. First, the officer will ask you guilt seeking questions. These questions usually are seeking admissions from you regarding your prior alcohol consumption and will be used by the officer to establish a basis to conduct more tests or to arrest you. You have the right to remain silent and you should not answer these questions. Remember, the Constitution provides citizens many protections including the right to be free from self-incrimination. Once the police officer establishes reasonable suspicion that you have been operating a motor vehicle while intoxicated, the officer will likely have you perform one or more field sobriety tests, such as standing on one foot or walking a straight line, stopping, and walking back. You may have medical conditions that impair your ability to perform these tests even under ideal conditions. The side of the road often has trash, rocks, potholes and other debris that can hamper anyone’s ability to perform these tests. You may decline to perform these tests explaining you believe these tests are subjective. If you do perform these tests and perform poorly, you may be placed under arrest for suspicion of committing DWI and be asked to submit to a breathalyzer test. Prior to doing so, you have a 20 minute time period to contact an attorney. If you refuse to submit to the breathalyzer test, your driving privileges may be revoked for one year unless you petition the court within 30 days from the date of your alleged refusal and successfully challenge the alleged refusal and arrest. If you submit to the breathalyzer test and your blood alcohol content (BAC) level is .08 or higher, you will be charged with DWI and your driving privileges will be suspended unless you request an administrative hearing within 15 days of your arrest. If you are under 21, you may be charged with DWI if your BAC is .02 or higher. You may also be charged if the officer believes there is enough evidence to prove your driving was impaired by alcohol even if your BAC level is not more than .08. You may also be charged with DWI if you operate a motor vehicle while under the influence of a controlled substance or drugs regardless of your BAC level. The severity of your punishment will depend on many factors, such as prior DWI history, but a first offense under Missouri law has a maximum punishment of up to six months in jail, a fine of up to $1000, suspension of your driving privileges for 90 days if you provide a breath sample, and revocation of your driving privileges for one year if you refuse to take the breathalyzer test. A second offense under Missouri law has a maximum punishment of up to one year in jail, a fine of up to $2,000, revocation of your driving privileges up to one year if convicted (or five years if convicted of the second offense within five years of the previous offense), and installation of an ignition interlock device (which prevents the car from starting unless the driver’s BAC is below a certain limit). A third offense under Missouri law has a minimum of 30 days in jail, a range of punishment from two to four years in prison, a fine of up to $10,000, and denial of your driving privileges for 10 years along with other adverse consequences. Being charged with DWI is a serious offense that has long-term consequences. An arrest for DWI or any criminal offense is a stressful time in a person’s life. Selecting the right defense attorney could determine the long-term damage to your reputation and whether you are sentenced to severe punishments, such as jail time, substantial fines, and a criminal record. At the time of your arrest, you have the right to an attorney. You should take advantage of this right and contact the office of Lowe Dreesen Miller Attorneys at Law who will help you understand your rights and the legal consequences of these offenses. The attorneys at the law firm of David M. Lowe have the knowledge and extensive trial experience to get you the results you deserve. You may contact them for your free initial consultation at 573-774-3122.
33 Comments
1/20/2021 03:49:44 pm
I find it alarming that getting caught driving under the influence is a crime and you can put into jail because of it. My friend, who likes drinking, is thinking of purchasing a car this year. I'll let him know about this so he'd contact an attorney if this happens to him. 3/1/2021 11:45:18 am
Thanks for explaining that we're usually given time to contact an attorney if we do poorly on the breathalyzer test. According to my knowledge, you may be required to complete an alcohol and drug assessment course for a DUI or DWI in some states. It's a good idea to research specific requirements in your area if a loved one is charged with a DUI or DWI. 4/12/2021 07:47:17 pm
I appreciated it when you shared that it is important to select a reliable attorney since being charged with DUI is a serious offense that has long-term consequences. My friend just mentioned the other day that she is concerned about her brother who was caught by the police due to a DUI offense. I will suggest to her looking for a reliable lawyer who can help with his situation. 5/3/2021 11:35:53 am
It was really interesting when you explained that the severity of the punishment for a DUI will depend on different factors. No matter what evidence there is against you, I would imagine that it would be a good idea to hire a criminal defense attorney to work with when you have to go to court. As far as I know, a criminal defense attorney could help lessen the punishment depending on if this is something you have been caught for in the past or not. 7/27/2021 08:24:55 am
My brother got a DWI over the weekend. He is on bail now but he has a hearing in a month. I'll look for a defense attorney that can help him by not causing long-term damage to his reputation. 8/5/2021 05:58:06 am
My friend was arrested for DUI, and he's not sure what to do about it. It makes sense he would want to get an attorney to help out with things. That seems like a great way to ensure that everything works out properly. 8/8/2021 10:03:51 pm
You made an excellent point that one of the many benefits of hiring the right defense attorney is that they know the difference between DWI and DUI. My son was arrested recently due to DWI. I will look for a certified attorney to hire to help my son. 10/22/2021 09:05:01 pm
It helped when you mentioned that there are important factors to keep in mind if you have been pulled over and have been drinking. My cousin mentioned to me last night that his friend is facing DWI charges and asked if I have any idea what is the best option to do. Thanks to this informative article and I'll be sure to tell him that it will be much better if they consult a trusted DWI attorney as they can answer all their inquiries. 12/3/2021 07:53:44 pm
I like how you mentioned that it is important to keep in mind that there are events that make you pull over. My cousin mentioned to me last night that his friend is facing DUI charges and asked if I have any idea what is the best option to do. Thanks to this informative article and I'll be sure to tell him that it will be much better if they consult a trusted DUI attorney as they can answer all their inquiries. I like how you mentioned that it is important to make the most of the time calling your lawyer. My cousin mentioned to me last night that his friend is facing DUI charges and asked if I have any idea what is the best option to do to help him get a quicker way to get out of jail. Thanks to this informative article and I'll be sure to tell him that it will be much better if they consult a trusted DUI lawyer as they can help them with all their concerns. 1/13/2022 08:50:29 pm
My favorite part of this article is at the point when you are pulled over by a cop, the official will utilize various strategies to endeavor to decide whether you are weakened by liquor. I should be wary of trying to drive after I drank some alcohol. Thanks for helping me understand DUI attorney. 1/26/2022 03:13:20 pm
I appreciate that you explained that you will be arrested right after you positive for the test. My best friend mentioned to me last night that his brother is drunk driving charges, he asked if I have any idea what is the best option to do to help him get a quicker way to get out of jail. Thanks to this informative article, I'll be sure to tell him that it will be much better if they consult a trusted drunk driving attorney as they can help them with all their concerns. 4/20/2022 11:19:22 am
I'm glad you elaborated on DWI cases and what would happen if we get charged with one. Last night, my cousin was driving back from work and got pulled out by an officer. My cousin's facing DWI charges, so I think he must hire a lawyer to help him right away, so I'll talk to his dad about it. Thank you for the advice on how severe your charge could be during a DWI. 6/18/2022 11:21:19 am
Selecting the right defense attorney could determine the long-term damage to your reputation and whether you are sentenced to severe punishments, Thank you for the beautiful post! 6/18/2022 12:25:36 pm
The side of the road often has trash rocks potholes and other debris that can hamper anyone’s ability to perform these tests. Thank you, amazing post! 4/26/2023 10:59:59 pm
Thank you for giving us a very informative info on selecting the right defense attorney. I would surely choose Lowe Dreesen Miller Attorneys at Law who will help understand your rights and the legal consequences of these offenses. 6/26/2023 05:04:33 am
It's great that you explained that field sobriety tests can be performed if you got suspected of DUI. My friend wants to hire a DUI legal representative. I should advise him to choose one with positive reviews from past clients. 8/25/2023 02:10:51 pm
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Thank you for providing such insightful information on how to choose the appropriate defense attorney. I would definitely opt for Lowe Dreesen Miller Attorneys at Law to assist in understanding my rights and the legal implications of these offenses. 11/11/2023 03:54:23 am
Thank you for providing such insightful information on choosing the appropriate defense attorney. I would certainly opt for Lowe Dreesen Miller Attorneys at Law, who can assist in understanding your rights and the legal implications of these offenses. 11/19/2023 02:59:33 am
Thanks for providing such informative guidance on choosing the appropriate defense attorney. I would definitely opt for Lowe Dreesen Miller Attorneys at Law, as they can assist in understanding your rights and the legal implications of these offenses. 12/12/2023 11:54:04 pm
Thank you for providing highly informative insights on selecting the right defense attorney. I am inclined to choose Lowe Dreesen Miller Attorneys at Law, as they can help in understanding your rights and the legal consequences of these offenses. 12/13/2023 07:49:07 pm
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This article provides a clear and informative overview of what to do if you're pulled over for driving under the influence (DUI) in Missouri. It breaks down the process step by step, from the initial stop to potential consequences, in a way that's easy to understand. The emphasis on knowing your rights, such as remaining silent and contacting an attorney, is empowering and reassuring for readers facing such a stressful situation. Additionally, the explanation of the potential legal consequences, including jail time and fines, underscores the seriousness of a DUI charge. Overall, this article serves as a valuable resource for anyone navigating the complexities of a DUI arrest, offering guidance and support during a difficult time. Great job in providing clarity and guidance on this important topic! 3/4/2024 10:54:02 pm
This article provides crucial information and guidance for individuals facing the daunting situation of being pulled over for suspected driving while intoxicated (DWI) in Missouri. It outlines the legal procedures, potential consequences, and emphasizes the importance of seeking legal representation promptly. The clear explanations and practical advice offered by the author help readers understand their rights and the seriousness of the situation they may find themselves in. By highlighting the role of an experienced defense attorney in navigating the legal process and protecting one's rights, the article empowers individuals to make informed decisions and take appropriate action. Overall, it serves as a valuable resource for anyone grappling with the complexities of DWI charges, providing reassurance and guidance during a stressful time. 3/7/2024 09:13:01 pm
This article delivers vital information and guidance for individuals confronting the challenging circumstance of being stopped for suspected driving while intoxicated (DWI) in Missouri. It delineates the legal procedures, potential repercussions, and underscores the importance of promptly seeking legal representation. Through clear explanations and practical advice, the author aids readers in comprehending their rights and the gravity of the situation they may face. By emphasizing the pivotal role of a seasoned defense attorney in maneuvering the legal proceedings and safeguarding one's rights, the article empowers individuals to make informed decisions and take appropriate steps. Overall, it serves as an invaluable resource for anyone contending with the intricacies of DWI charges, offering reassurance and direction during a stressful period. 3/19/2024 10:51:13 pm
This article provides a clear and informative overview of what to do if you are pulled over for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI) in Missouri. It explains the legal process step by step, from being pulled over by a police officer to potential consequences such as jail time and fines. The article emphasizes important rights, such as the right to remain silent and the right to an attorney, which can help individuals navigate a stressful situation. By breaking down the process and explaining the potential outcomes, the article empowers readers to make informed decisions and seek legal assistance if needed. Overall, this article serves as a valuable resource for anyone facing a DWI charge in Missouri, providing guidance and support during a challenging time. Great job on delivering such vital information in a clear and accessible manner! 5/8/2024 07:37:54 pm
This article offers crucial information for anyone facing the daunting situation of being pulled over for driving under the influence (DUI) or driving while intoxicated (DWI). It breaks down the legal process and consequences in an accessible way, highlighting the importance of understanding one's rights and seeking legal assistance. By emphasizing the severity of the charges and the potential long-term consequences, the article underscores the gravity of the situation and the need for proactive legal representation. Additionally, it provides a helpful resource for individuals in need of legal assistance, offering reassurance that help is available during such a stressful time. Overall, this article effectively educates readers about their legal rights and options, providing valuable guidance and support. Great job in providing such comprehensive and empathetic information! 7/6/2024 07:39:56 am
This article on what to do if you're pulled over for a DWI in Missouri is really informative and reassuring. It explains step-by-step what happens during a traffic stop involving alcohol, from the initial questioning to the field sobriety tests and the consequences of refusing a breathalyzer or having a high BAC level. It’s important to know your rights and what to expect in such a stressful situation. The article emphasizes the seriousness of a DWI charge and the need to contact an attorney immediately for guidance. It’s good to have this knowledge ahead of time to understand the legal process and make informed decisions. 8/27/2024 10:41:24 pm
I found this article really helpful and reassuring when it comes to understanding what to do if you get pulled over for a DUI or DWI. It clearly explained the legal process and what might happen, which made a tough situation seem less overwhelming. I appreciated how it stressed the importance of knowing your rights and getting legal help. The way you highlighted the seriousness of the charges and the need for good representation was really eye-opening. This article made me feel more informed and supported, so thank you for doing such a great job of explaining everything in a clear and caring way! Leave a Reply. |
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Lowe Dreesen Miller LLC
117 North Benton Street Waynesville, Missouri 65583 Telephone: (573) 774-3122 Facsimile: (573) 774-6164 |
Lowe Dreesen Miller LLC
120 S. Jefferson Ave, Suite 111 St. James, MO 65559 Telephone: (573) 774-3122 Facsimile: (573) 774-6164 |