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Missouri Criminal & DWI Charges - Frequently Asked Questions
Missouri Criminal Defense FAQ
What are the penalties for my Missouri Criminal Charge ?
Many charges and penalties are listed on my Missouri Criminal Offenses page. However, that probably won't answer the real question you may be asking - What penalties am I realistically facing for my criminal charge? Please call me for your free consultation, and I'll tell you what I think you're likely to be facing in your specific circumstance, and whether I think you have a good chance to beat the charges.
What is the statute of limitations for a Missouri or Kansas Criminal Charge?
If you have an old, outstanding warrant for your arrest from a criminal charge long ago, and you are wondering if it will just go away after a number years, that is probably not the case. You are asking the wrong question. A statute of limitations generally applies only to charges not yet filed. Inevitably and old arrest warrant or probation violation charge will catch up to you, probably at the worst time. Give me a call, and I'll tell you what your options are, and whether or not I can help you. I'll consult with you in complete confidence, and there is no charge if you don't end up hiring me.
Should I agree to a Breath or Chemical Test if I'm arrested for DWI in Missouri?
The answer is, it depends. Under Missouri law, you have the right to speak with an attorney after being given an Implied Consent warning, and being asked to submit to a chemical, breath, or blood test. However, it is only a 20 minute window before you are required to agree or refuse the breathalyzer, and you may not be told of you right to speak with a DWI defense attorney. But you should absolutely call an experienced Missouri DWI defense attorney at that point before agreeing to the tests.
If you refuse, you are automatically given a driver's license suspension for 1 year, and that fact is used against you in court. Many jurors and judges will assume you refused because you assumed you would fail.
If you fail, you are giving the state evidence against you that you were impaired, and it makes it that much easier to get convicted of a drunk driving charge.
This is a tough decision for anyone to make. If you are very sure you will pass, it is probably smart to take the test. If you are on the fence, and might fail, but otherwise might have a good case to fight the charges, and can manage with the license suspension - refusing the test can make sense.
Update: there is a good overview of the pros and cons of Missouri DWI breathalyzer refusal over at Randy England's Blog.
What are the Laws for DWI Roadblocks in Missouri?
Police officers are allowed to perform stops at designated "sobriety checkpoints". These stops have been judged to be legal under the Missouri constitution, though a number of other states disagree. They are required to set up a roadblock plan in advance. If you are caught in a police roadblock in Missouri and arrested for DWI, please call us for a legal consultation. There are still excellent defenses that we can use to protect your rights and your driver's license.
Does Missouri Have an Ignition Interlock Device Law for Drunk Driving Convictions?
Yes, for any second offense or subsequent DWI conviction, you will be required to have an ignition interlock device installed in your car in order to get your license back. The time it must be installed in your vehicle varies, but it will be at least on month. Also, new laws have been passed to make enforcement tougher - You have to have proof that the device is installed.
Do Missouri Municipal Court drunk driving convictions count as prior offenses?
It depends. In some cases, they do not, but the Missouri legislature is moving to close this "loophole", so by the time you read this the law may have changed. The Missouri state supreme court had decided earlier this year that they did not count under the existing law, so the legislature is likely to change the law soon.
The Missouri Supreme Court ruled that these convictions are ineligible as prior offenses for perfectly legitimate legal reasons - in these cases, the defendants where not given legal counsel, and never waived their right to counsel.