Charged With DWI? You’ll Need Legal Help

The laws against driving while intoxicated (DWI) are strictly enforced in the State of Missouri. If you are charged with DWI, you will need the services and advice of a Jefferson County DWI lawyer who will defend you against the charge and work to help you avoid a DWI conviction.

Every driver in this state knows that driving while intoxicated is illegal, and most drivers in Missouri also know that a conviction for driving while intoxicated may entail serious and far-reaching consequences, even for a first-time offender.

Whether or not the charge is a first offense, if you are placed under arrest and charged with driving while intoxicated in or near the greater St. Louis area, promptly get the legal help you need and schedule a consultation at once with a Jefferson County DWI attorney.

How Will a DWI Attorney Help You?

In rare cases, an attorney may offer an “affirmative” defense to DWI. With an affirmative defense, you admit you drove while impaired, but you claim you had no other option because it was a medical emergency, a natural disaster, or someone was forcing or threatening you to drive.

Another defense that is rarely offered is the claim that you were not actually driving. When police officers respond to a crash and did not see anyone behind the wheel of a vehicle, it can be difficult – and sometimes impossible – for the police to prove who was actually driving.

But in most driving while intoxicated cases, a different defense will be more appropriate. To win a DWI conviction, a prosecutor must demonstrate that you are guilty “beyond a reasonable doubt.” However, your DWI lawyer will be familiar with several ways to cast doubt on the prosecution’s case against you.

What Is Probable Cause?

For instance, if the police violated your legal and constitutional rights during a traffic stop, interrogation, search, or arrest, your defense lawyer may file a motion to have evidence suppressed or to have the driving while intoxicated charge completely dismissed.

When the police pull over a driver, they must have probable cause. Without it, no stop or arrest may be made. To establish probable cause, an officer must see an explicit violation of the law or must believe that a driver is impaired due to that driver’s overall driving pattern and behavior.

Can Breathalyzer Results Be Disputed? What About Blood Tests?

If your rights were not violated, your attorney may instead focus on the accuracy of your breathalyzer test, the device’s reliability, or the credentials of the officer who conducted the test. Breathalyzers used by police officers in Missouri may provide inaccurate results because:

Portable breathalyzer devices may identify as alcohol a variety of chemical compounds that are similar to alcohol and found in breath fresheners, colognes, mouthwash, toothpaste, foods, and several kinds of over-the-counter and prescription medicines.

Breathalyzer devices may also provide inaccurate test results for drivers who are dealing with conditions that include hypoglycemia, diabetes, or gastroesophageal reflux disease (GERD).

RFI – radio frequency interference – may affect the accuracy of portable breathalyzers because RFI is a factor whenever and wherever police officers are talking on their walkie-talkies and radios.

A blood test is the most accurate DWI test, but if a blood sample is handled or preserved improperly, it may become contaminated, and the test results will be inaccurate. If a blood testing lab doesn’t adhere to standard protocols, your DWI lawyer may challenge any blood test results.

What Else Will a DWI Lawyer Do on Your Behalf?

If you are taken into police custody and charged with DWI, your Jefferson County DWI lawyer will investigate and review the details of the charge, protect your rights, develop an aggressive defense strategy, and bring your DWI case to its best possible outcome.

Your attorney will prepare the defense strategy that will be most effective and appropriate in your own case. A DWI lawyer’s typical first step is asking the prosecutor to drop the charge. If that fails, your lawyer may file a motion with the court to have the case dismissed.

What is a Suspended Imposition of Sentence?

If your case can’t be dismissed, your attorney may negotiate a plea deal that would let you plead guilty to a reduced charge (such as careless and imprudent driving) and serve a lesser sentence. For a first DWI offense, your lawyer may seek a Suspended Imposition of Sentence (SIS).

With a Suspended Imposition of Sentence, the court imposes a term of probation, but if you successfully complete the probation period, your record will not show a conviction. However, if you subsequently face a second DWI charge, the SIS will be considered a previous conviction.

What if You Are Innocent?

Especially if you are innocent, you should not accept a plea bargain. If you are charged with driving while intoxicated, you will have the right to a trial by jury. If you are not guilty of DWI – and if the case cannot be dropped or dismissed – you should insist on that right.

A conviction for DWI gives you a record that can make finding employment – or even finding housing – difficult. In Missouri, the only DWI convictions that can be expunged are first offenses, and only after a period of ten years. If you can, you want to avoid a DWI conviction.

If you are innocent and your case goes to trial, your Jefferson County DWI attorney will prepare your defense, cast doubt on the state’s evidence, explain to a jury what actually happened and why you are innocent, and ask that jury to return a not guilty verdict.

Why Choose Grafe & Batchelor?

Don’t even think about going it alone and acting as your own lawyer in a driving while intoxicated case. The law and the science in DWI cases are exceedingly complicated, and any mistake or misunderstanding could land you behind bars.

With over thirty years of combined DWI defense experience, the lawyers at Grafe & Batchelor aggressively represent clients who have been charged with driving while intoxicated in Washington County, St. Francois County, Jefferson County, and across the state.

If you are charged with driving while intoxicated, contact Grafe & Batchelor without delay by calling 636-220-5934. Our legal team will provide a no-cost, no-obligation evaluation of your case, and if you choose Grafe & Batchelor, we will go to work for you immediately.

Here’s What You May Not Know About the Law

If you are placed under arrest, everything you do or say affects your ability to mount a successful defense. Knowing this, you’ll need to avoid any mistakes that could put you in jail or prison, and you’ll need to contact a Jefferson County criminal defense attorney as quickly as possible.

Particularly due to television and the movies, many people have inaccurate beliefs about the law, and these inaccurate beliefs may cause serious problems if you are placed under arrest and charged with a crime.

Here are ten surprising facts that you may not know about criminal law in Missouri – facts to help you avoid making a bad situation even worse.

Fact #1: You Don’t Have to Open Your Door for the Police

If the police come knocking, there is no law that requires you to answer or open the door. Homeowners and tenants have the right to stay silent and refuse to open a door for the police.

The police may enter your home by force in only three situations:

1.  They have a search warrant for the premises.
2.  They believe that a serious crime is in progress.
3.  They believe that someone needs emergency medical attention.

The police may claim to be looking for a missing child. They may claim that you are in serious legal trouble and “need to have a long talk.” But without a warrant, a medical emergency, or a crime in progress, the police have no right to enter your home, and you may ask them to leave.

Fact #2: You Don’t Have to Answer a Police Officer’s Questions

You have the legal right to remain silent whether or not the police inform you of that right. You do not have to answer questions from the police. Even if you’ve been stopped in traffic, served with a warrant, or taken into police custody, your right to remain silent is absolute.

Moreover, you cannot be penalized in any way for refusing to answer a law enforcement officer’s questions. Only judges may order you to answer questions. If the police wish to interrogate you, insist on having your Jefferson County criminal defense lawyer present.

Fact #3: The Police Can Lie to You

The police are allowed to lie to you. They may claim, for example, in an effort to get you to confess, that your DNA was found at a crime scene. The courts have held that deception by the police is allowed, provided that a false confession is not the result of that deception.

Fact #4: Your Rights May Not Be Read to You Immediately

On television shows and in the movies, suspects are read their Miranda rights immediately at the time of an arrest, but there’s no law that requires police officers to read your rights at that time.

You have the right at all times to stay silent and to speak with your lawyer, but the police only have to read your rights after you are in custody and before an interrogation begins. If you are not being immediately interrogated, your rights don’t have to be read to you immediately.

Fact #5: You Don’t Have the Right to a Phone Call

Thanks to television and the movies, most people believe that you have the right to make one telephone call after you have been arrested. That belief is not accurate. You may be allowed to make a call after an arrest, but a phone call is not a right guaranteed to anyone by the law.

The police are only required to tell you why you are being arrested, show (in some cases) a warrant, and take you before a judge as quickly as possible. The authorities have no obligation to allow you to communicate with anyone on the outside.

Fact #6: You Should Never Plead Guilty at an Arraignment

If you plead guilty at your first appearance before a judge – your “arraignment” – that’s the end of the case. You will face criminal penalties, a conviction will go on your record, and you will have no opportunity to present your side of the case.

If a guilty plea seems like the most expedient way to deal with your case, think again. You can always enter a guilty plea later, but you should plead not guilty at your arraignment, and then discuss your rights and options with your Jefferson County criminal defense lawyer.

Fact #7: You Should Speak About Your Case Only With Your Attorney

Do not discuss your case with relatives or friends. While communications between spouses may be protected legally, if a prosecutor believes that another relative or a friend has information that can be used against you, he or she may call that person to testify.

It’s equally important to avoid posting about your case on social media. The prosecution may monitor your social media accounts, so while your criminal case is pending, it’s better to stay away entirely from social media websites. Speak about your case only with your attorney.

Fact #8: Most Criminal Cases Do Not Go to Trial

Criminal trials are frequently portrayed on television and in the movies. These portrayals give the impression that most criminal cases go to trial. That impression is inaccurate. Very few arrests lead to full-blown criminal trials in front of juries.

Most felony and misdemeanor cases are resolved with plea agreements between the prosecution and the defense. Other cases don’t go to trial because the prosecutor drops charges or the court immediately dismisses the case.

However, if you believe that you are innocent, and if the case against you cannot be dropped or dismissed, you should insist on your right to a trial before a jury of your peers.

Fact #9: You Cannot Presume That You Will Be Acquitted

If your case goes to trial, you can’t presume that the truth will prevail. Many people are optimists who believe that if they are “good people” who did not commit a crime, they’ll be found not guilty. But even with the facts on your side, you still have to fight to avoid being convicted.

Researchers say that as many as five percent of those serving prison sentences are wrongfully convicted. Moreover, some of Missouri’s laws are hard to understand, and you may have committed a crime without realizing it. Don’t underestimate the risks you may be facing.

Fact #10: You Must Not Act as Your Own Attorney

Finally, you must not try to act as your own attorney. The law is too complex and confusing, too much will be at risk, and it’s too easy to make a mistake that could land you in jail or prison.

With your freedom and your future on the line, you must rely on the advice and services of a Jefferson County criminal defense attorney who has substantial experience handling cases like yours. But where can you turn to find the right criminal defense attorney?

Grafe & Batchelor is Here for You

The legal team at Grafe & Batchelor has more than three decades of combined criminal defense experience. If you are charged with any felony or misdemeanor, now or in the future, reach out immediately to a Missouri criminal defense attorney at Grafe & Batchelor.

Grafe & Batchelor represents clients in Washington County, St. Francois County, Jefferson County, throughout the St. Louis area, and across the State of Missouri. We will review your case and prepare an aggressive, effective legal defense on your behalf.

Our goal is to bring your case to its best possible conclusion. If you’re charged with a crime, promptly call our law offices at 636-220-5934, and the Grafe & Batchelor team will provide an in-depth evaluation of your case with no cost or obligation.

Have You Been Charged With a Drug Crime?

Drug laws are aggressively enforced by police agencies, prosecutors, and courts in the State of Missouri. If you are charged with a violation of this state’s drug laws, you will need to schedule a consultation – as quickly as possible – with a Jefferson County drug crimes attorney.

Drug crimes are not unusual in Missouri, but every drug case is different. The way a drug case is handled in this state depends on the type of drug, the amount, the offender’s prior convictions (if any), and whether the drugs were intended for sale or for personal use.

What Are the Different Types of Drug Crimes?

Generally speaking, the possession, sale, distribution, and manufacturing of illegal drugs are against the law in Missouri:

1. Possession: If you possess an illegal drug on your person, your property, or in a space that you control (your vehicle or your storage space, for example), you may be charged with drug possession. It’s illegal in Missouri to possess any amount of any illegal drug.
2. Possession with intent: If you are found to have a substantial quantity of an illegal drug, the police and the prosecutor may presume that you intended to sell the drug.
3. Manufacturing or cultivation: Making or attempting to make illegal drugs (or to make legal drugs illegally) is charged as drug manufacturing. Drug cultivation is illegally growing and harvesting cannabis or another plant-based drug.
4. Distribution or trafficking: Moving or transporting illegal drugs (or legal drugs through illegal channels) may be charged as distribution. Trafficking is the charge for moving large quantities of drugs or moving drugs over state or national borders.

Selling drugs you have purchased with a prescription, or using prescription drugs in some way other than what has been prescribed, may also constitute a crime in Missouri. In the last several years, prescription drug crimes have been on the rise in this state and across the nation.

Is Cannabis Legal in Missouri?

For adults, cannabis for recreational purposes is legal in the State of Missouri, but its sale and use is strictly regulated by Missouri law. Adults who are 21 or older may legally possess up to three ounces of cannabis for recreational purposes.

Selling cannabis to a minor is a felony, and any sale of cannabis by any party other than a state-regulated dispensary remains illegal. Adults may apply for a license to grow up to eighteen cannabis plants on their own property in an area that is locked and not visible to the public.

Adults may consume cannabis in private residences, although it is illegal to smoke cannabis on a sidewalk, in a park, in a moving vehicle, or on the grounds of any public or private school. A renter may smoke cannabis in his or her home only if the landlord consents.

If you’re charged with any violation of Missouri’s cannabis laws and regulations, contact the law offices of a Jefferson County drug crimes lawyer immediately for the legal help you will need.

What Are The Penalties for Drug Crime Convictions?

Missouri’s drug laws are exceedingly extensive and complicated, and every case is unique, but these are some of the charges that may be filed and some of the penalties that may be imposed for certain drug crimes:

1.  The possession of any quantity of methamphetamine in Missouri is a Class C felony, punishable upon conviction with a lengthy prison term and thousands of dollars in fines.
2.  The possession of any quantity of cocaine is also a Class C felony.
3.  The possession of more than nine grams of pseudoephedrine in a thirty-day period, or the possession of 3.6 grams or more of pseudoephedrine in a single day, is usually charged as a Class A misdemeanor which may be penalized on conviction with jail time and a fine.

In some cases, first-time offenders who face drug charges in Missouri may be offered a treatment program and probation, and successful completion of the program can result in having the charge dismissed.

What Are Actual, Constructive, and Joint Possession?

In order to convict a defendant of illegal drug possession, the state must prove that the defendant illegally possessed drugs in one of three ways: actually, constructively, or jointly.

“Actual” possession is when drugs are found on someone’s “person” – someone’s purse, pocket, shoes, or underwear, for example, or when the drugs have been swallowed. If the state proves that a defendant was in actual possession of illegal drugs, a conviction is likely.

“Constructive” possession is presumed if drugs are found in a defendant’s residence, vehicle, or private storage facility. “Joint” possession is when more than one person has actual or constructive possession, such as a married or cohabiting couple having drugs in their residence.

What Should You Do if You’re Charged With a Drug Crime?

If you are charged with any drug-related crime in the greater St. Louis area or anywhere in the state, you must be advised and represented by a Jefferson County drug crimes attorney, and you must schedule a consultation with that attorney as quickly as possible.

Your defense attorney may seek to have the charge against you dropped or dismissed. If that’s not possible, your attorney may negotiate a plea deal for a reduced or alternative sentence. Of course, if you are innocent, you should insist on your right to a trial by jury.

If your case goes to trial, your attorney will cast doubt on the state’s evidence and explain to the jurors why they should find you not guilty. But how can you find the right Jefferson County drug crimes lawyer – someone who will fight aggressively and effectively for justice on your behalf?

Why Should You Take Your Case to Grafe & Batchelor?

Call Grafe & Batchelor immediately if you are charged with a drug crime, and we will provide a free, no-obligation evaluation of your case. Grafe & Batchelor has more than three decades of combined criminal defense experience, and we put that experience to work for every client.

Your attorney at Grafe & Batchelor will prepare an aggressive, effective defense and bring your drug case to its best possible resolution. If the drugs were not yours, or if your rights were violated in a search or an arrest, we will ensure that the court understands what happened.

If you are charged with a drug crime – now or in the future – contact the law offices of Grafe & Batchelor immediately by calling (636) 220-5934. When you become our client at Grafe & Batchelor, your case becomes our priority.

What Constitutes DWI in Missouri?

If you are charged with driving while intoxicated (DWI) in the State of Missouri, you will need to be represented by a Jefferson County DWI attorney who will examine the details of your DWI arrest and challenge the state’s evidence on your behalf.

With so much at stake, and with penalties that include a possible jail sentence or a loss of your driving privilege, a DWI defendant must be advised and defended by a Missouri lawyer who has substantial experience representing clients who are charged with driving while intoxicated.

In Missouri, what are your legal rights if you are charged with driving while intoxicated? And what are the most effective ways to fight a DWI charge and avoid a conviction? For the answers you may need – now or in the future – about driving while intoxicated in Missouri, keep reading.

How Are DWI Charges Handled in Missouri?

Driving while intoxicated is a serious matter in this state. Every year, several hundred people lose their lives in alcohol-related traffic accidents on Missouri’s streets and highways, and many more are seriously injured. In 2020, over 17,000 drivers in Missouri were charged with DWI.

Before there can be any discussion of defense strategies, you should know what penalties you could face for a DWI conviction in this state. The exact penalties for a conviction will depend on the details of the driving while intoxicated incident and whether you have previous convictions.

If there are no aggravating circumstances, a first-offense DWI charge is a Class B misdemeanor. A conviction requires you to serve a mandatory 48 hours in jail, although that sentence can be extended to six months. You’ll be fined, and your license will be suspended for ninety days.

Second DWI convictions usually entail a one-year driver’s license revocation, but two DWI convictions within five years will trigger a five-year revocation. After a third conviction, your license is revoked for ten years. A fourth DWI conviction may prompt a lengthy prison sentence.

How Do You Contest a DWI Charge?

Affirmative defenses – which claim a defendant should be acquitted despite evidence of driving while intoxicated – are offered in some DWI cases, but what’s more likely, if your case goes to trial, is that your Jefferson County DWI lawyer will challenge the accuracy of a breathalyzer test or the testimony of an arresting officer.

A Missouri DWI attorney will determine which defense may be most appropriate and effective in any specific DWI case. Below are brief descriptions of the affirmative defenses and the more common defenses that a Jefferson County DWI attorney may use in the defense of a DWI client.

Affirmative Defenses to DWI Charges

1.  Necessity: The necessity defense is the claim that a driver had no alternative but to drive while intoxicated and that a “greater evil” was therefore avoided.
2.  Duress: The duress defense is very close to the necessity defense. It is the claim that a defendant had to drive while intoxicated to avoid a death or serious injury, such as being forced by someone to drive at gunpoint.
3.  Entrapment: If a police officer asked someone to drive while intoxicated, and the police then arrested that person for DWI, it’s entrapment. With this defense, a defendant must prove he or she wouldn’t have been driving except for the purported entrapment.
4.  Involuntary intoxication: This defense claims the defendant did not know that he or she had consumed alcohol. For example, the defendant may claim that someone slipped alcohol into the defendant’s food or beverage without the defendant knowing it.
5.  Mistake of fact: The mistake of fact defense is the claim that a defendant honestly believed that he or she was not intoxicated while driving.

Common Defenses to DWI Charges

Inaccurate breathalyzer results: Your lawyer may challenge the breathalyzer test results. Was the test conducted properly? Was the police officer who conducted the test trained and credentialed? Was the breathalyzer device properly maintained and calibrated?

1. Rising blood alcohol level: This is the claim that a defendant’s blood alcohol content level was under the legal limit when the defendant was behind the wheel but was rising and increased after the defendant was stopped but before the defendant was tested.
2. The police acted improperly: Your DWI attorney may claim that the police did not have reasonable suspicion to stop you or probable cause to make an arrest. With this defense, there must be evidence that the police violated the law or the defendant’s civil rights.
3. A less common defense sometimes offered in DWI cases is that the defendant was not in fact driving at all. Particularly when the police responded to an accident and did not actually see who was driving, it may be difficult for the police to identify – with certainty – any specific driver.

When Will You Need a DWI Lawyer?

A DWI conviction establishes a criminal record that may make it difficult to find employment or housing or to obtain a loan. The only DWI convictions that may be expunged in Missouri – and only after a ten-year waiting period – are misdemeanor convictions for first DWI offenses that did not involve a commercial vehicle.

Each driving while intoxicated case in Missouri is unique. As mentioned previously, the exact charge that you may face, and the specific penalties for a conviction, will hinge on the particulars of the DWI incident and your own criminal record (if any).

That is why, if you are charged with driving while intoxicated in or near the St. Louis area, you’ll need – immediately – the personalized advice and aggressive representation that a Jefferson County DWI lawyer will provide.

How Can You Select the Right DWI Lawyer?

With more than three decades of combined defense experience, the DWI attorneys at Grafe & Batchelor have prevailed on behalf of clients charged with driving while intoxicated in Washington County, St. Francois County, Jefferson County, and throughout Missouri.

A DWI attorney at Grafe & Batchelor will consider the state’s evidence, develop an appropriate defense strategy, and protect your legal rights while bringing your driving while intoxicated case to its best possible conclusion.

If you are charged with driving while intoxicated in the Jefferson County area or anywhere in Missouri, now or in the future, call the Festus-based law offices of Grafe & Batchelor at once at 636-220-5934, and one of our DWI attorneys will evaluate your case without cost or obligation.