DWI Defense
DWI/DUI is a serious charge. Gone are the days of sweeping it under the rug. Organizations now exist that monitor the Courts and prosecutors to make sure they go hard of those accused of DWI. Those same groups constantly lobby the General Assembly trying to make the DWI laws even harsher. Yet, each year my office is filled with people charged with drunk driving.
The terms DWI and DUI are used interchangeably in Missouri. They are the same crime.
Drinking alcohol is part of our culture. Most people in America drink alcohol at some point in their lives. There is nothing wrong with it. Many people will consume alcohol and drive a motor vehicle. That alone is not illegal.
It is only a violation of the law to operate a motor vehicle while "under the influence" of alcohol or drugs. Many times that conclusion is simply left up to the police officer on the scene. How does he or she arrive at that conclusion?
Most of the time a police officer makes a traffic stop on a hunch. They factor in time of day, type of car being driven, location and age of the driver if they can see him or her. Is it after midnight? Hot car? The type of car a person between 20 and 40 would drive? Is it near a bar or entertainment area?. Is it traveling on a course between an entertainment district and a residential district?
Then the police watch for the slightest violation of the rules of the road. I can't tell you how many cases I have had where the police report begins with telling how the tires touched the fog line on the highway, or how the car was "weaving within its own lane." That is the probable cause for the stop and the ultimate charge of DWI or DUI.
Next come the "strong smell of alcohol" when the cop approaches the driver's window. It goes down hill, so to speak, from there. There are field sobriety tests Of course it is the cop's word against the person charged with DWI as to whether the tests were done properly. That is unless you hire a lawyer who knows how and why those tests are given. I have the books from the National Highway Traffic Administration. I know that cops are out there every night improperly administering these tests. Nevertheless, I have seen so many other lawyers let them get away with it. My experience can help you if you have been charged with a DWI or DUI.
What about the Breathalyzer? Do those things really work? Well, frankly they do...sometimes. However, sometimes they don't. More lawyers are willing to accept that those things work than lay people. I think they are problematic and that each test needs to be looked at carefully. If the machine is maintained properly and the test is given properly the results still are not totally accurate in my opinion.
There are many things to be considered in a successful DWI/DUI defense. Do not leave your future in the hands of a lawyer who starts the interview by telling you what kind of plea bargain deal he can get you. Call me at 636-486-4861. I will be happy to meet with you for an initial no cost and no obligation review of your case. Whether it is called a DWI or a DUI, I can help you.
