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Get the Best DWI Defense for your case!
(636) 256-7300
Arrested for a DWI Charge in St Louis, MO?
Get the Best DWI Defense for your case!
(636) 256-7300
DUI DEFENSE LAWYER
DOUGLAS RICHARDS
ATTORNEY AT LAW
9666 OLIVE BLVD., STE. 365
SAINT LOUIS, MO 63132
636-256-7300
314-517-5756

DUI Defense Lawyer

THE DUI ARREST

You were out with your friends having a good time. You had a couple of drinks and were in the process of driving home. All of a sudden you saw police lights in your rear view mirror, or, you drove into a DWI or DUI Sobriety Checkpoint Area. You had to pull over! The police officer walked up to your car, asked you a few questions, and then told you to step out of the car to do some Standardized Field Sobriety Tests (SFST).

You may have done these Field Sobriety Tests, such as the Horizontal Gaze Nystagmus Test (HGN), Walk and Turn Test (WAT) and the One Leg Stand Test (OLS).  The police officer may also have asked you to blow into a Preliminary Breath Test (PBT).

The next thing you know you were being arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). You were taken down to the police station and then the police officer read to you the Implied Consent Law and asked you if you would submit to a chemical test of your breath or blood. You were told that if you refused to take the test, your drivers license would be immediately revoked for a period of one year. You may have agreed to this chemical test of your breath or blood or you refused to blow.  If you agreed to the chemical test of your breath, after about 15 minutes the police officer had you blow into a breath test machine. The police officer may have told you that your Blood Alcohol Concentration (BAC) was above the legal limit of .08%.

At some point in time the police officer read to you your Miranda Rights (The right to remain silent; that anything you say can and will be used against you in a court of law; that you have the right to talk to a lawyer).  If you agreed to talk to the police, the officer asked you several questions, such as do you know what time it is? What is the date? When did you last eat? Were you operating the vehicle at the time of the stop? Have you been drinking? How much? Are you under the influence of an alcoholic beverage? Have you taken any drugs? What kind of drugs?

After these questions, the police officer gave you some tickets and told you that your drivers license will be suspended.

What do you do now?

You do not want your drivers license suspended. You can't have your drivers license suspended!

How can you get to work if you can't drive?

Which DUI Lawyer do I call who will fight hard to keep your drivers license from being suspended?

Which DUI Lawyer do I call who will give your the personal attention your case deserves?

When you need one of the best DUI - DWI Defense Lawyers, you need to call:

DOUGLAS RICHARDS

ATTORNEY AT LAW
9666 OLIVE BLVD., STE. 365
ST. LOUIS, MO 63132
314-517-5756
or
636-256-7300

After you call we will set up an appointment to go over all the facts of your case.

We will go over whether the police had probable cause to even pull your vehicle over in the first place;

Whether the police officer used the proper procedures to investigate whether there were the proper "clues" present to even ask you to do the Standardized Field Sobriety Tests (SFST);

Whether the police properly conducted the different Standardized Field Sobriety Tests (SFST), such as the Horizontal Gaze Nystagmus Test (HGN), Walk and Turn Test (WAT) and the One Leg Stand Test (OLS) in the specific manner as set forth by the NHTSA DWI Detection and Standardized Field Sobriety Testing Manual:





Douglas N. Richards
Attorney at Law

MACDL Missouri Association of Criminal Defense Lawyers

NACDL National Association of Criminal Defense Lawyers


9666 Olive Blvd., Ste. 365
St. Louis, MO 63132
Phone: 314-517-5756 | 636-256-7300
Fax: 314-666-9850


Mon - Fri: 09:00 AM - 06:30 PM
Sat: 09:00 PM - 01:30 PM
DUI Defense Lawyer | Douglas Richards | www.drichardslaw.com


When an individual is charged with either a DWI or a DUI, two separate sections of Missouri law govern the proceedings.

Administrative DWI Hearing
Missouri DOR - Administrative Hearings - This law deals with the administrative aspect of the ticket.  It imposes a separate suspension or revocation of the driving privilege if either your blood alcohol content (BAC) level is over the legal limit or if you refuse the BAC test(s) providing a sample of your breath/blood/urine.  This can be an automatic suspension or revocation, even if the ticket was disposed of in court or reduced to a lesser charge.If you submitted to a breath/blood/urine test, the police officer should have given you a Form 2385.  This is your 15 day Temporary Driving Permit. You only have 15 days to request an Administrative Hearing or else your driving privileges will be suspended.

After your hearing request is received, you and your attorney will then be notified of the date, time and location of your hearing. The sole issues at the hearing will be whether there was probable cause to believe you were driving while intoxicated and whether your blood alcohol content exceeded the legal limit. If you are a minor, and your blood alcohol content was below .08%, the lawfulness of your initial stop will be an issue in the case as well.

At the administrative hearing, the case will initially be heard by a hearing officer employed by the Department of Revenue. If the hearing officer decides that there was not probable cause to arrest the driver for driving while intoxicated or the chemical test did not show that you had a BAC of .08 of higher at the time the vehicle was being operated, the driver will receive his or her license back, and no further action is necessary. If, on the other hand, the hearing officer decides to uphold the license suspension, the driver or his attorney may file a Petition for "Trial De Novo" in front of a state court judge in the county of arrest. It will then be up to the traffic court commissioner or judge to decide if the license suspension should be upheld.



Breath Test Refusals
Breath Test Refusal Cases - If you refused to take a test test, the police officer should have given you a Form 4323. A driver who refuses to provide a blood, breath or urine test may have his or her license revoked for one year. To challenge the revocation, a driver or his attorney must file a Petition for Review in the county where the arrest took place within 30 days of the receipt of the notice of revocation. The Circuit Court can and normally will grant a stay order pending a trial before a traffic court commissioner or judge in a refusal case, depending on your driving history.

CLICK HERE FOR MORE INFORMATION ABOUT BREATH TEST REFUSAL CASES


The Criminal DUI DWI CaseThis law deals with the criminal aspect of the ticket that was issued. Besides the above listed consequences, if you are convicted of an alcohol offense, the court will send a copy of the conviction to the Missouri Department of Revenue, resulting in points imposed against your driving record.  This point assessment could lead to a suspension or revocation of your driving privileges for days, months, or even years.



DUI Defense Lawyer | Douglas Richards | www.drichardslaw.com

RANGE OF PUNISHMENT FOR
DWI AND/OR DUI CHARGES

First Time DWI or DUI - Class B Misdemeanor
Range of Punishment:
  • Up to 6 months in jail and/or a fine up to $500.00
  • 8 points assessed against Driving Record.

Second Time DWI or DUI - "Prior Offender" - Class A Misdemeanor
Range of Punishment:
  • Up to 1 year in jail and/or a fine up to $1,000.00
  • 12 points assessed against Driving Record
  • Ignition Interlock.

Third Time DWI Charge - "Persistent Offender" - Class D Felony -
Range of Punishment:
  • Up to 4 years in Prison and/or a fine up to $5,000.00
  • 12 points assessed at Driving Record.

Fourth Time DWI Charge - "Aggravated Offender" - Class C Felony
Range of Punishment:
  • Up to 7 years in Prison and/or a fine up to $5,000.00.



DUI Defense Lawyer | Douglas Richards | www.drichardslaw.com


Underage Drinking and Driving Defense Lawyer
Underage Drinking and Driving Charges - ZERO TOLERANCE - If you are under the age of 21, you can be charged if your Blood Alcohol Content is over the Legal Limit of  .020%  (Over 21 Years IS .08%)


DUI Defense Lawyer | Douglas Richards | www.drichardslaw.com

Motorcycle DWI DUI Defense Lawyer
Alcohol or Drug Related Motorcycle Charges - Defending Motorcycle Riders who have been charged with:

  • MOTORCYCLE DWI
    • Operating a Motorcycle While Intoxicated
    • Driving a Motorcycle While Intoxicated
  • MOTORCYCLE DUI
    • Operating a Motorcycle Under the Influence of Alcohol
    • Operating a Motorcycle While Under the Influence of Drugs
    • Driving a Motorcycle While Under the Influence of Alcohol
    • Driving a Motorcycle While Under the Influence of Drugs

douglas richards

ATTORNEY AT LAW
9666 OLIVE BLVD
STE. 365
SAINT LOUIS, MO 63132

314-517-5756
or
636-256-7300

Douglas Richards serves clients throughout the State of Missouri and in the areas of:  ArnoldBallwinBreckenridge HillsBrentwoodBridgetonChesterfieldClarkson ValleyClaytonCottlevilleCrestwoodCreve CoeurDes PeresEllisvilleEurekaFentonFlorissantFranklin CountyFrontenacGlendaleHazelwoodHillsboroJefferson CountyJenningsKirkwoodLadueLake St. LouisLincoln CountyManchesterMaplewoodMaryland HeightsMoscow MillsO'FallonOlivetteOverland, PacificRichmond HeightsRock HillShrewsburySaint  AnnSt. JohnSt. PetersSt. Charles CitySt. Charles CountySt Louis CitySt Louis CountySunset HillsTown and CountryTroyUnionUniversity CityValley ParkWebster GrovesWentzvilleWinfield and Wildwood.




The choice of an attorney is an important decision and should not be based solely on advertisements.

Other Links:

The Missouri Department of Revenue
DWI Information
http://dor.mo.gov/drivers/dwiinfo.php

The Missouri Bar
http://www.mobar.org/

The Missouri Association of Criminal Defense Lawyers
http://macdl.net/

The National Association of Criminal Defense Lawyers
http://www.nacdl.org/

The Bar Association of Metropolitan St. Louis
http://www.bamsl.org/

Linkedin Douglas Richards
https://www.linkedin.com/profile/view?id=109557726&trk=nav_responsive_tab_profile

Google+  Douglas Richards
https://plus.google.com/u/0/b/112222346009930745024/+Drichardslaw/posts

YP Douglas RIchards


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