The Traffic Stop | DWI & DUI
- the one stop for all your traffic stops.

DWI & DUI

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?

It’s 10:36 p.m. on a Thursday night. You just left your favorite sports bar where you just watched your team win a close game, in overtime. You had four beers. As you turn the corner, you see a police car pull behind you with its lights on. You are being pulled over. What do you do?

It’s 11:09 p.m. and you just dropped the babysitter off from a night out with your wife. You had a great time, except you maybe drank one too many. As you pull back onto the main roadway, you see a bunch of lights, traffic cones funneling all lanes into one and a bunch of police officers standing around. They weren’t there when you drove by fifteen minutes earlier. Oh no, it’s a field sobriety check point. What do you do?

It’s 12:22 a.m., the police officer is in your face asking you questions. He says he smells an odor normally associated with alcohol coming from your breath as you answer his questions. He has just asked you to step out of the car and perform some field sobriety tests. What do you do?

It’s 9:18 p.m., you have been arrested for suspicion of DWI or DUI. You are at the police station. The officer asks you to submit to a test of your blood alcohol content. If you do not, the police officer tells you your license will be revoked for a year. What do you do?

You only had two drinks and that was an hour ago. That’s what you told the police officer. Why is he asking you to step out of the car to perform some field sobriety tests?

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, the attorneys at The Traffic Stop, have the answers for you. Give us a call. Day or night. 24/7.

With over thirty years of combined legal experience, our attorneys have the experience, knowledge and skills to help you. We have answered these questions, and many, many more, for hundreds of clients in the same situation. Let us answer them for you.

 

Your rights

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 fact. 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. No blowing 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. And, 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.

You have the right to an attorney. After you have been read the 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.

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. 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 will be suspended for a year. 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. And, while refusing to submit to the BAC test will have the same result, 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 ninety (90) days, if the DWI or DUI is charged as an infraction, and 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 his or her advice.

 

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 the BAC test was of 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. This includes 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. DON’T WAIT. We 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. We can also help you with your challenge of the suspension, or revocation, of your driver’s license.

We are the attorneys from The Traffic Stop – the one stop for all your traffic stops. We have helped hundreds of clients with their DWI’s and DUI’s. Not only do we 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, we also have the experience, knowledge and skills to win. No matter the charge, no matter the jurisdiction, no matter the law enforcement agency, contact us for a free initial consultation or call 314-428-6646.

 

Is it criminal, civil or both?

Both.

A charge of DWI and 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 timely pursue the reinstatement of your driver’s license once the conditions for reinstatement of your driver’s license have been complied with, you will not be required to retake the complete driver examination or apply for a new driver’s license and pay the application fees.

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 retake the complete driver examination and apply for a new driver’s license and pay the application fees.

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.)

 

Conclusion

Whether this is your first DWI or DUI, or you have a prior DWI or DUI, call or contact the attorneys at The Traffic Stop. We have helped hundreds of clients with their DWI’s and DUI’s. Not only do we 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, we also have the experience, knowledge and skills to win.

No matter the charge, no matter the jurisdiction, no matter the law enforcement agency, contact us for a free initial consultation or call 314-428-6646. One of our attorneys 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. And, with fees starting at $600, and payment plans, we are 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.

The Traffic Stop – the one stop for all your traffic stops.

We practice law in the counties listed below, and all of the cities, towns, and municipalities located therein including, but not limited to:
Arnold
Ballwin
Bel-Nor
Bel-Ridge
Berkeley
Brentwood
Bridgeton
Chesterfield
Clayton
Cool Valley
Creve Coeur
Crystal City
Ferguson
Festus
Florissant
Frontenac
Hazelwood
Hillsboro
Imperial
Jennings
Kirkwood
Ladue
Maryland-
Heights
Mehlville
Normandy
O'Fallon
Olivette
Overland
Pine Lawn
Richmond-Heights
Rock Hill
Shrewsbury
St. Ann
St. Charles
St. John
St. Peters
Sunset Hills
Town and- Country
Troy
University City
Webster Grove
Wentzville
Wright City

 

 

Let us help you, submit the form below:

Name:
Email Address:
Phone Number:
Charges:
Ticketing Agency:
Court Date:
Court time:
Comments:
   

Providing above-and-beyond service

We will defend you against any driving violation, even DWI/DUI, with passion and purpose. We'll take care of every aspect of your case:

  •    Manage time-sensitive documents
  •    Appear in court while you work
  •    Behind the scenes negotiation

 

Act fast or pay the penalty

Traffic citations are extremely time-sensitive. If you don't respond the right way in a certain timeframe, you lose opportunities to fight them.

   Free initial consultation
   Credit cards accepted
   Payment plans available

 

The sooner you call a lawyer, the better chance you have of a positive outcome. The Traffic Stop STL can give you an edge in any traffic violation dispute:

  • Experience - We are one of Missouri's most experienced law firms.
  • Affordability - We charge less than comparable firms for superior legal representation. We will discuss all fees with you before starting work. You will appreciate our cost-effective rates.

 

If you seek high-quality legal representation, personal service and affordable fees for your traffic ticket case, contact us for an initial, no-cost consultation.

The Traffic Stop STL
8509 Natural Bridge Rd.
St. Louis, MO 63121-4545
Ph 314-428-6646
Fax 314-423-4515

The Traffic Stop STL
P.O. Box 45155
St.Louis, MO 63145

The purpose of this website is to provide general information about the law, the attorneys at The Traffic Stop STL and our areas of practice. It is not intended, nor offered, as legal advice on the topic written or as a legal opinion. Therefore, you should not rely on the information contained on this website for your specific legal matter. If you have a specific question about the law, or a specific situation you would like to discuss, please feel free to contact or call us and we will be more than happy to answer your question(s) or to discuss your specific legal situation - or both.

The choice of a lawyer is an important decision and should not be based on advertisements.