Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are criminal charges used to prosecute drivers who operated a motor vehicle while impaired by alcohol or drugs. The difference between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) is how the state labels the offense. Missouri labels this offense DWI, while Illinois labels this offense DUI. This offense is generally referred to as DWI.
St Louis DWI attorney Jason Fauss has represented people charged with Driving While Intoxicated in numerous jurisdictions in the State of Missouri. If you or a loved one has been arrested for DWI, you probably need an experienced DWI attorney. Many people do not realize this "traffic offense" is, in fact, a criminal prosecution and may have jail time and driver's license revocation as punishment.
Criminal and Administrative penalties in Missouri for DWI include:
- Mandatory alcohol education and treatment/assessment (SATOP)
- Administrative license suspension/revocation
- Attendance at a Victim Impact Panel (VIP)
- Probation or even the possibility of jail time
- Possible vehicle confiscation in limited circumstances
It is important that you act quickly after being arrested for DWI. You must appeal the administrative suspension within 15 days from the day you were arrested or your license will be suspended or revoked and you will have no right to appeal the decision of the Department of Revenue.
This suspension will take place if you:
- Refused to submit to a breath, blood, or urine test of your alcohol concentration after you were arrested upon reasonable suspicion of driving while intoxicated (DWI)
- Your blood alcohol concentration (BAC) was tested and the alcohol concentration in your blood, breath, or urine was .08% or higher (.02% or higher if you were under 21 years old)
An experienced DWI lawyer will evaluate the evidence including the administrative suspension and results of field sobriety tests and chemical tests to determine if your legal rights were violated. More over, a DWI attorney will be able to advise you on possible plea bargains options.