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DWI/DUI

Everyone knows someone who has one. It can be one of the most humiliating moments of your life. If you have been cited for DWI/DUI, contact an attorney with The Roberts Law Firm immediately so we can help you get through this difficult time.

In Missouri, a person commits the crime of Driving While Intoxicated if he or she operates a vehicle in an intoxicated or drugged condition. DWI/DUI is a criminal charge and could result in the loss of your freedom with consequences that can include fines, higher insurance premiums, mandatory SR-22 insurance, probation and even jail time.

When a DWI/DUI suspect is pulled over, a police officer will usually ask some preliminary questions to assess whether or not the driver is intoxicated. The Officer may also ask you to perform a "Field Sobriety" test. This is a series of different tests that the police use to observe the behavior of the driver to see whether or not they may be intoxicated. Some common tests the police use are the "walk and turn" test where the officer will watch a suspect walk heel to toe on a straight line, and the "Gaze-Nystagmus" test where the officer will ask the suspect to look at an object, usually a pen, to follow the object back and forth while the officer observes the suspect's pupils. You may also be asked to blow into a small device called a Portable Breath Test or PBT. (This test is not the same as the Breathalyzer machine used at the police station to determine your blood alcohol level. The PBT is usually given on the side of the road.) There are several other tests that the police may give as well.

The questions the police ask you about your alcohol consumption and the tests they ask you to perform are used to gather evidence and that evidence may be used to prosecute you. When pulled over by the police you do not have to answer any questions, other than simple ones designed to discover your identity. You may request to speak with an attorney prior to speaking with the police. The same applies to the "Field Sobriety" tests. You may request to speak with an attorney prior to performing any of the requested tests. Refusing to answer questions and refusing to perform the "Field Sobriety" test will undoubtedly result in your arrest, but the police cannot force you to perform them. NOTE - THERE ARE CONSEQUENCES WHEN AND IF A PERSON REFUSES TO SUBMIT TO A CHEMICAL BREATH TEST. PLEASE READ ON.

The Missouri Legislature has determined that a person who has a blood alcohol level of 0.08 or above is intoxicated. Several different methods are available to determine the blood alcohol level such as blood, urine and breath tests.

Breath tests are the most common method by which the police obtain evidence of a person's blood alcohol level. Suspects are asked to breathe into a machine at a police station that outputs a number that corresponds to a blood alcohol percentage. You do not have to perform this test. This test is also used to gather evidence against you. If there was an accident that lead to the police's involvement, they may take samples of your blood or urine. Some jurisdictions in Missouri have even forcibly taken blood samples of drivers who refuse chemical breath tests at field sobriety checkpoints PLEASE NOTE - IF YOU CHOSE NOT TO TAKE THE BREATH TEST AT THE POLICE STATION, OR PROVIDE SAMPLES OF YOUR BLOOD AND/OR URINE, THERE MAY BE CONSEQUENCES THAT AFFECT YOUR DRIVER'S LICENSE. FAILURE TO ACT WITHIN 15 DAYS, MAY RESULT IN THE SUSPENSION OR REVOCATION OF YOUR DRIVER'S LICENSE. PLEASE CONTACT AN ATTORNEY AT THE ROBERTS LAW FIRM IMMEDIATELY TO DISCUSS YOUR LEGAL RIGHTS.

If the police determine you to be intoxicated, with or without a breath, blood or urine test, they will issue a citation for DWI/DUI. A DWI/DUI is a criminal charge that also carries implications against your driver's license. It may be charged as a misdemeanor and can be a felony, depending on certain factors.

Navigating a DWI/DUI case without a skilled attorney could have negative consequences that may impact you for the rest of your life. At The Roberts Law Firm, we have expert criminal defense attorneys, former prosecuting attorneys and a former municipal Judge who all have the expertise to give you the best possible representation for your DWI/DUI charge. If you or a loved one has been charged with driving while intoxicated contact an attorney at The Roberts Law Firm immediately to discuss your legal rights.