When it comes to a DWI, the consequences of a conviction in Missouri can be severe. As with all other states, Missouri law prohibits driving while intoxicated under the influence of alcohol or drugs. If you are pulled over, and over the limit, you could find yourself on the receiving end of a DWI – driving while intoxicated – conviction, as well as a hefty punishment.

How Is DWI Monitored?

Missouri has a number of methods for detecting DWI offenses, as well as a variety of punishments depending on factors such as the regularity of the violations, the seriousness of the crime, and the driver’s record, amongst other considerations. Blood alcohol level limits are the main criteria, and these can be tested at the roadside.

According to legislation, if the BAC (blood alcohol level) of a driver reaches 0.08% during a test, there is no other evidence of impairment required for a DWI conviction. Punishments here may include suspension of the driver’s license and implied consent to ongoing tests for drugs and alcohol. The next stage is ‘aggravated DWI’ – this is employed if the driver’s blood-alcohol level exceeds 0.15%. The penalties for this are harsher and may include a total ban or even a custodial sentence.

Anyone who is under the legal drinking age for Missouri – 21 in the state – is caught with a blood alcohol level of 0.02% or over, a DWI will also be issued. This is known as a ‘zero-tolerance law.’

Implied Consent

Implied consent is an implicit part of the process in Missouri. Under these laws, there is an implied agreement that you will consent to any drug or alcohol tests if you are pulled over while in charge of your vehicle. Failure to comply will see your driving privileges revoked for a year, under a clause known as ‘Chemical Revocation.’

What Are The Penalties?

The penalties and punishments for a DWI in Missouri depend primarily on two main factors: the existence of prior convictions and the driver’s blood-alcohol level.

A Custodial Sentence

A first offense is known as a Class B misdemeanor. This is usually issued when there are no previous DWI convictions, and there is a blood alcohol level of 0.15-0.2%. In this case, there is a minimum jail sentence of 48 hours. In the event that your blood alcohol level exceeds 0.2%, the jail time extends to 5 days. Overall, offenders could receive a maximum of 6 months in jail and a fine of up to $500.

In the event that the offender has multiple convictions for driving while intoxicated, the penalties become more severe. One prior DWI conviction will result in an automatic jail sentence of at least ten days, rising to a minimum of 30 days plus community service for two or more prior convictions. Three or more previous convictions carries a jail term of at least 60 days, rising to a minimum of two years for four or more prior DWI convictions.

Alternative Penalties

In some cases, an alternative penalty may be administered. In-circuit courts which have DWI courts, or in the event that court-ordered alcohol treatment is available, anyone with a blood-alcohol level of over 0.15% will be required to complete a treatment program. Agreeing to this will usually see a jail term suspended for a certain period of time. In addition, a conviction will result in points being allocated to your driving record. Accumulation of these points may also result in the revocation or suspension of your license.

Your driver’s license will also be affected, regardless of your previous convictions; the State of Missouri will automatically suspend the driver’s license of any individual convicted of a DWI. A first offense sees a 90-day suspension of your license, while your second DWI can see a one-year revocation. If you are convicted of two DWI’s within the same five-year period, you will be denied a new license for five years. Three or more DWI’s, or any traffic crimes related to drugs or alcohol, will see your license revoked for ten years.

In the event that this is your first offense, you may be eligible to request a ‘restricted driving privilege,’ which is available immediately if you are successful. This allows you to legally drive within the restricted 90 day period, on the condition that an Ignition Interlock Device (IID) is installed into your vehicle. This device requires the driver to blow without registering a blood alcohol count – if any alcohol is detected, the vehicle will not start. Limited driving privileges may also be made available after serving 30 days of your suspended license.

You should be aware, however, that these concessions are not available for all drivers. Exclusions typically include driving while under the influence of drugs, having been convicted of a felony related to a motor vehicle, or having left the scene of a car accident.

Exceptions For Commercial Drivers

Any individual who holds a commercial driving license will automatically be held to a higher standard than other drivers. Any driver with said license who is found to have a blood-alcohol level of 0.04% or higher while operating a commercial vehicle will face more severe penalties. Two points will automatically be added to their driving record, and they will be prevented and disqualified for driving a commercial vehicle for a year. This is likely to spell the end of any driving career, as well as leaving the individual with a criminal record.

What Can I Do?

Forewarned is forearmed, and prevention is always better than cure, but if you do find yourself slapped with a DWI conviction, then accessing professional legal advice is essential. Here at Grafe and Batchelor, P.C, we can offer over 30 years of experience in criminal matters and have the help and guidance you need to get back in the driver’s seat in no time at all. Also we can provide you with criminal defense attorney.

Understanding Personal Injury Claims in Missouri: What You Need to Know

Suffering a personal injury can be a traumatic and life-altering experience. If you’ve been hurt because of someone else’s negligence, it’s important to know your rights and how Missouri law protects you. At Grafe & Batchelor, P.C., we’re here to help you pursue fair compensation and justice.

What Is a Personal Injury?
In Missouri, a personal injury occurs when someone else’s negligence causes harm. This includes physical injuries (like slip and falls, car accidents, or workplace injuries), as well as emotional distress or trauma from an incident.

What Compensation Can You Claim?
If you prove another party’s negligence, you may be entitled to compensation for:

• Medical expenses (including surgeries, treatments, and long-term care)
• Lost wages and reduced future earning potential
• Home modifications required due to your injury
• Pain, suffering, and emotional distress

Can You Still Recover Compensation If You’re Partially at Fault?
Yes. Missouri follows a comparative negligence rule. This means you can still receive compensation, but your settlement will be reduced by your percentage of fault. For example, if you’re 30% at fault and your total damages are $100,000, you would receive $70,000.

How Long Do You Have to File a Personal Injury Claim?
Missouri’s statute of limitations gives you five years from the date of the injury to file a lawsuit. Exceptions may apply if:

• The injured person was under 21 or mentally incapacitated at the time of the injury
• The defendant leaves Missouri after the injury but before a lawsuit is filed, pausing the clock during their absence

Why It’s Important to Act Quickly
Delays can hurt your case, both in court and when negotiating with insurance companies. It’s crucial to begin your legal process as soon as possible to preserve your rights.

Let Grafe & Batchelor Fight for Your Rights
Our attorneys have decades of combined experience helping injured clients across Missouri. We’ll guide you through the legal process, protect your interests, and fight for the compensation you deserve—even if you share some responsibility for your injuries.

Contact us today at 636-220-5934 to schedule your free consultation and learn how we can help you move forward.

Everyday, thousands of individuals across the country find their lives changed forever as the result of injuries sustained on someone else’s property. From shopping malls to hotels, there are risks in every location, and being involved in an accident can cause devastating injuries. These are often complicated cases and a criminal defense attorney can help.

What Is Premises Liability?

Premises liability describes the legal responsibility that all property owners have for any accidents or injuries which take place on their property. In the event that a property owner is found to have been negligent in their duty, the injured party may have the option to pursue expenses for medical costs, pain and suffering, and loss of earnings.

Accidents which can depend largely on the nature of the business. Common examples include:

• Failure to maintain a walkway or surface, leaving it cracked or uneven
• Slipping on a wet floor
• Injuries caused by faulty or dangerous stairways, such as poor lighting, cracked steps, loose carpet, or missing handrails
• Being injured by a faulty elevator
• Falling on a sidewalk or in a parking lot which is covered in ice
• Issues with exposed, dangerous electrical wiring, or wiring which has not been installed correctly
• Slipping on a drink which was spilled in a restaurant
• Being struck by an object falling from a shelf in a supermarket
• Negligence from a pet owner resulting in an attack or injury from the animal
• Poor security in parking lots or buildings which results in an assault or attack

Who Is To Blame?

Premises liability dictates that the person in charge of the premises is responsible, or liable, for the injury that occurs. Liability will ultimately come down to the duty of care owed to guests and visitors. A skilled personal injury attorney can help determine the specifics of your case.

In order to prove that the property owner was liable, the injured party must demonstrate that:

• A dangerous condition existed on the premises
• The party in possession or control of the premises knew, or should have known, about the condition
• The party in possession failed to use ordinary care to remove, remedy, or warn of the danger
• The plaintiff was injured as a result

How is Fault Determined in a Slip and Fall Case?

Slips, trips and falls are common injuries, and you will need to prove that the owner of the property was negligent, and that this negligence directly contributed to your accident.

In order for liability to be determined, you are required to prove at least one of the following:

• The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
• The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
• The owner of the premises or an employee should have known of the dangerous surface because a ‘reasonable’ person taking care of the property would have discovered and removed or repaired it.

Liability will depend largely on whether the owner or occupier of the property took ‘reasonable’ steps in keeping the property safe. The definition of ‘reasonable’ is subjective, but focuses primarily on whether or not the owner makes thorough, regular efforts to ensure that the property is clean, safe, and adequately maintained.

When evaluating your injury, you should consider whether the owner should have known about the issue – for example, tripping on torn carpet or slipping on a loose area. It is also important to find proof that the owner carries out a regular procedure for cleaning, maintaining, and checking the property, if they claim to do so.

In the event that you tripped over an object left on the floor, or in the ground – was there a legitimate reason for the item to be there? Even if there was once a legitimate reason which no longer exists – would there have been a way of removing the object, or making it safer, for example, by moving or covering the item? This could be as simple as installing a cover or barrier to help reduce the risks of accidents. Any lighting issues should also be considered; if lighting was broken or inadequate, and this contributed to your accident, you may have a case.

Can You be Blamed?

In some cases, property owners will try to defend themselves by claiming that your own carelessness contributed to your accident.

They may claim one of the following:

• You were in an area of the property you had no permission to be in, and no legitimate reason for being there.
• You failed to take adequate care – a careful person would have noticed the danger and avoided it.
• You failed to acknowledge warnings that the area was dangerous
• You were not paying due attention – for example, using your phone
• You were acting in a way which made injury more likely to occur – for example, fooling around
• You were wearing footwear which increased your chances of an accident.

How Will Fault Be Determined?

The pure comparative negligence rule of Missouri means that even if you are deemed to be partly responsible, you can still claim compensation if they are proven to be at fault. Your total settlement will be reduced by the percentage you are found to be at fault; e.g. accepting 10% responsibility for the incident reduces your compensation by 10%.

In some cases, the property owner will negotiate an out of court settlement rather than going to court; in these incidents, an offer made will take into account your carelessness and responsibility for your accident. For this reason, you must ensure that your case against the property owner is strong and tight.

How Can We Help You?

Here at Grafe & Batchelor, P.C., we have a wealth of experience in assisting clients in slip and fall cases all across Missouri. Get in touch today, and let us help you take your first steps on the journey to justice.