It’s 2:51 a.m. You have just been released from jail. You have three tickets and another piece of paper the police officer mentioned was your temporary license to drive. You have just been arrested for DWI or DUI. What do you do?
You just performed some field sobriety tests and you think you passed. Why is the police officer arresting you and putting you in the back of his police car?
Whether it is the morning after, and you have already been arrested and charged for DWI or DUI, or it is the moment of realization that you will probably be arrested and charged with DWI or DUI, or you are at the police station and the police officer has just informed you of your right to contact an attorney, Chris Dulle of The Dulle Law Firm, LLC, has the answers for you. Give me a call. Day or night. 24/7.
With over ten years of legal experience, I have the experience, knowledge and skills to help you. I have answered these questions, and many, many more, for hundreds of clients in the same situation. Let me answer them for you.
You have the right to remain silent. This means you do not have to tell the officer you had two drinks, where you were coming from, or what you were doing. In fact, this means you do not have to speak to the officer at all as you hand him your driver’s license, proof of insurance and registration. This also means you do not have to perform any of the field sobriety tests the police officer just asked you to perform.
No staring at his finger while he shines a light in your face; no walking an imaginary line heel to toe for nine steps in one direction and nine steps back, beginning with your left foot; no standing on one leg (your choice), with the other leg raised, counting to thirty. You don’t have to blow into his portable breath tester. Give up this right and everything you said and everything you just did will be written into his report and used against you in court by the prosecuting attorney.
While exercising this right will most certainly result in your arrest on suspicion of DWI or DUI, you have had two drinks and the probability of talking, or performing, your way out of an arrest for DWI or DUI are slim and none. Can you pass a field sobriety test sober?
You have the right to an attorney. After you have been read the Missouri implied consent law and asked to perform a test to measure your blood alcohol content, you have the right to request to speak with an attorney. If you exercise this right, you have twenty minutes in which to contact and speak with an attorney. Not your mom or dad; not your girlfriend or boyfriend; and certainly not your best friend or your Uncle Bob, both of whom have been arrested before and charged with DWI or DUI. What lawyer did they call?
You have the right to remain silent, again. You have just been read the implied consent law and asked to perform a test to measure your blood alcohol content. According to the police officer who read you the implied consent law, your license will be revoked for a year if you do not submit to the test intended to measure your blood alcohol content. What do you do?
If your blood alcohol content is .08% or higher (if you are twenty-one years of age or older), or .02% or higher (if you are not yet twenty-one), your license will be suspended. If it is only your first DWI or DUI, your driver’s license will be suspended for thirty (30) days. If, however, it is your second DWI or DUI, your driver’s license could be suspended for a year. Will you have to have an ignition interlock device (IID)?
Either way, if your BAC is over the legal limit, submission to the BAC test will have given the police officer ample proof of your intoxication to charge you with DWI or DUI. While refusing to submit to the BAC test will likely also get you arrested, at least the officer will not have corroborating evidence of your intoxication to use against you when your case comes to trial or a plea agreement is being negotiated.
You have the right to an attorney, again. You have just been arrested for DWI or DUI. If you are convicted of a DWI or DUI, the judge who sentences you has the option of sentencing you to jail for up to the maximum time allowable by law, which can be up to one (1) year in the county jail, if the DWI or DUI is charged as a misdemeanor. At the first docket setting of your case, the judge informs you of your right to an attorney and tells you to come back in a month with an attorney. Take that judge’s advice. Call me and I can help you!
Timing is Everything
As you are being released from the police station following your arrest for DWI or DUI, whether you have submitted to the BAC test or refused, the arresting officer should not only hand you your tickets, he or she should also hand you a fifteen day notice of the suspension, or revocation, of your driver’s license (unless they tested your blood or urine, in which case the arresting officer will not have immediate results of your BAC and will have to await notification of the test results before giving you a notice of suspension).
Regardless of whether you submitted to the BAC test and failed, or you refused the test, your driver’s license will be suspended, or revoked, in fifteen days – whether you were given a notice of suspension/revocation, or not – unless you request an administrative hearing (where you submitted to the BAC test) or file a petition for review (where you refused to submit to the BAC test).
If you do not file a request for administrative hearing, or petition for review, within this period of time, you will have given up, forever, your right to challenge every aspect of your arrest, beginning with the traffic stop and concluding with your submission, or refusal to submit, to the BAC test – before you have had the opportunity to review the report of your arrest (i.e., the Alcohol Influence Report) and, generally, before you have had the opportunity to consult with an attorney.
Challenges to your suspension include the proper administration of the field sobriety tests, the proper maintenance of the BAC machine and the proper administration of the BAC test – which are the best areas to attack when challenging the suspension or revocation of your driver’s license.
I can help you preserve your right to challenge the suspension, or revocation, of your driver’s license and privilege to drive – even if only temporarily – by filing a request for an administrative hearing or petition for review. I can also help you challenge of the suspension, or revocation, of your driver’s license.
I am Chris Dulle of The Dulle Law Firm, and I have helped hundreds of clients with their DWI’s and DUI’s. Not only do I have the experience, knowledge and skills to help you preserve your challenge of the suspension, or revocation, of your driver’s license and your privilege to drive, I also have the experience, knowledge and skills to win. No matter the charge, no matter the jurisdiction, no matter the law enforcement agency, contact me for a free initial consultation by calling 314-384-4000.
Is it criminal, civil or both?
A charge of DWI or DUI is a crime – whether charged as a municipal ordinance violation, a misdemeanor or a felony – for the reason it is a violation of a law for which a conviction may result in the assessment of a fine or jail time, or both.
Driving with an excess BAC, or a conviction for a DWI or a DUI, or a refusal to submit to a BAC test, can also result in the suspension, or revocation, of your driver’s license. The process of suspending, or revoking, your driver’s license, as well as the filing of a request for administrative hearing or petition for review to challenge the suspension of your driver’s license, is a civil matter.
Is my license suspended or revoked?
If you submitted to a BAC test and had a positive result, whether it be a test of your breath, blood, or urine, your driver’s license will be suspended.
Suspension implies a temporary condition and, assuming you pursue the reinstatement of your driver’s license prior to the expiration of your license, you will not be required to retake the complete driver examination or apply for a new driver’s license and pay the application fees. You will, however, be required to complete the SATOP program, post an SR-22 insurance filing, and pay a $45 reinstatement fee.
If you refused to submit to a BAC test, your driver’s license will be revoked for a year. Revocation means your privilege to drive has been revoked and, in addition to any other requirements for the reinstatement of your driver’s license, you must complete the SATOP program, post an SR-22 insurance filing, and pay a $45 reinstatement fee.
No matter the difference, the suspension, or revocation, of your privilege to operate a motor vehicle means you cannot drive – at all – until you have complied with the requirements for reinstatement of your driver’s license (i.e., completion of the period of time for which your driver’s license has been suspended, or revoked; completion of SATOP; payment of a reinstatement fee; filing of an SR-22; and, where applicable, installation of an ignition interlock device).
Whether this is your first DWI or DUI, or you have a prior DWI or DUI, call or contact me, Chris Dulle at The Dulle Law Firm. I have helped hundreds of clients with their DWIs and DUIs. Not only do I have the experience, knowledge and skills to help you preserve your challenge of the suspension, or revocation, of your driver’s license and your privilege to drive, I also have the experience, knowledge and skills to win.
No matter the charge, no matter the jurisdiction, no matter the law enforcement agency, email me to set up a free initial consultation or call 314-384-4000. I will be happy to speak with you about the specifics of your case and discuss a plan of attack, not only to represent you with the criminal charges arising from your arrest, but also to challenge the suspension, or revocation, of your driver’s license.
My fees start at $1,500, and I work with almost all of my clients on payment plans. I try to be both affordable and reasonable.
The clock is ticking and, with each passing minute, your right to challenge the suspension, or revocation, of your driver’s license is drifting away.
Don’t just pay your ticket! Let me, Chris Dulle of The Dulle Law Firm help you with your DWI & DUI tickets. I have handled alcohol-related tickets throughout Missouri and will work to help you minimize the effect these tickets will have on you.
Please call me to discuss your case! I want to help! (314) 384-4000