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St. Charles Most Experienced Multiple DUI Attorney
A single DUI charge may be difficult enough to manage, let alone a history of DUI charges. However, an experienced, multiple DUI attorney who’s helped many people who faced the same charges you have can help. Wayne T. Schoeneberg has over 40 years of experience navigating the Missouri legal system. He can guide guide you through your DUI charge, even if you have a history of DUI convictions.
The Facts Surrounding DUI in Missouri
Missouri’s BAC Threshold
As you may already know, in Missouri, motorists are prohibited from operating or being in “actual physical control” of a vehicle while they have an excessive blood alcohol concentration (BAC) of .08% or more or under the influence of drugs.
It’s also worth noting here that Missouri motorist can get a DUI (or DWI) without actually driving. According to the Missouri courts, a person could be charged with DWI merely for being in “actual physical control” of a vehicle, which does not require that the car actually be in motion.
So you may be sitting in your car behind the wheel with no intention of driving, but if you’re over the legal limit, you can be charged with DUI because of the supposed intent.
Implied Consent Laws
Like most states, Missouri implements implied consent laws that require all drivers lawfully arrested for a DWI to submit to a blood, breath test, urine, or saliva test. This information is included in the paperwork you sign when you receive your driver’s license.
Drivers who refuse could face a 1-year revocation followed by a 6-month IID requirement. Note that this suspension is separate from a DWI conviction suspension and may be ordered in addition to the penalties for that offense.
So if you’ve offended before, even if you didn’t intend to drive, you can be faced with yet another offence.
An experience multiple DUI attorney can make all the difference in this situation. Wayne Schoeneberg is that attorney.
The severity of penalties for DUI depends significantly on how many prior convictions the defendant has. A first offense may carry a maximum of 6 months in jail, up to $1,000 in fines, and a 30-day license suspension. Second and subsequent offenses, however, carry lengthier and severer penalties:
- 2nd offense – up to 1 year in jail; up to $2,000 in fines; 5-year license revocation; at least 6 months of ignition interlock device (IID) use
- 3rd offense – up to 4 years in jail; up to $10,000 in fines; 10-year license revocation; at least 6 months of IID use
Individuals convicted of a second intoxication-related traffic offense, regardless of the length of time between convictions, will normally receive a 1-year revocation for accumulation of points on their driving record. However, if they are convicted a second time for an alcohol- or drug-related offense within 5 years, the court may order a 5-year license denial. If they are convicted 3 or more times, the court may issue a 10-year license denial.
Convicted individuals may petition for a hardship or restricted license to reinstate limited driving privileges, but the likelihood of obtaining this depends on their criminal history and circumstances of their DWI.
Note that if convicted in criminal court of a third DWI, the defendant will not be eligible for license reinstatement for at least 10 years. Prior to reinstatement, though, they will have to complete a state-approved substance abuse traffic offender program.
The court may choose to suspend an imposed jail sentence if they meet certain probationary conditions, including:
- a few mandatory days in jail;
- substance abuse treatment;
- continuous alcohol monitoring; and
- random testing.
Failure to comply with the above probation requirements will result in the imposition of the previously suspended sentence.