What Are the Consequences of a DWI Conviction?

The law in Missouri frowns upon drunk driving, and you risk hefty penalties if convicted of the crime. The consequences may vary from one case to another, depending on the case specifics and whether you have previous convictions. Criminal defense lawyers in Jefferson County highlight that a first offense is a Class B misdemeanor that can attract the following penalties:

  • Mandatory 48 hours in jail
  • License suspension for 90 days
  • Fines

A second DWI conviction puts you at risk of having your license suspended for one year. Two convictions within five years come with the risk of a five-year license suspension. A third conviction may attract a ten-year revocation, while a fourth may come with a more extended prison sentence.

If you’re facing DWI charges, whether for the first or subsequent time, the stakes are high as you risk losing your freedom and driving privileges. So, consult knowledgeable Jefferson County DUI attorneys to help you explore your legal options.

How Can I Contest a DWI Charge to Avoid a Conviction?

You probably believe that being arrested for a DWI is an automatic conviction, but that may not necessarily be true. That’s because the law allows accused persons to defend themselves before a verdict is delivered. This allows you to put the prosecutor’s evidence in doubt, which can dramatically change the case outcome.

DUI attorneys in Jefferson County can evaluate your case and help you decide the most suitable defense to use among the following possible ones:

Affirmative Defenses

Affirmative defenses are facts or sets of facts that, if proven, can negate liability for unlawful behavior. They can be legal justifications or excuses for specific behavior, and typical examples include the following:

  • Necessity: You could argue that you had no other option but to drive under the circumstances to avoid a greater evil than the potential harm caused by a DUI.
  • Coercion: The defense is closely similar to the defense of necessity, in which you could claim that you had to drive under the influence to avoid death or severe injury. For example, you may have been forced to drive at gunpoint by someone who intended to harm you.
  • Involuntary intoxication: You could argue that you didn’t know that you had consumed an intoxicating substance. For example, someone may have slipped drugs or alcohol into your beverage or food without your knowledge.
  • Entrapment: A police officer could have asked you to drive while intoxicated and then arrested you for DWI. Under this defense, your DUI lawyers in Jefferson County can help you prove that you wouldn’t have been driving except under the entrapment circumstances.
  • Mistake of fact: The defense entails claiming and proving that you honestly believed that you were not intoxicated while driving.

Illegal Traffic Stop

The law stipulates that police officers must have probable cause to stop and pull you over. They must have seen you commit a traffic violation or reasonably suspected you did something unlawful. Evidence of a traffic rule violation or criminal behavior is a prerequisite for pulling you over on suspicion of drunk driving.

For example, a police officer can’t pull you over simply because they saw your car parked outside a bar. If your DWI lawyers in Jefferson County can prove you were subjected to an illegal stop, any evidence against you obtained as a result of the stop could be suppressed, and a DWI conviction would be less likely.

Inaccurate Breathalyzer Results

With the help of experienced Jefferson County criminal defense lawyers, you can dispute the actual results of the breathalyzer test. Just because the breathalyzer showed your blood alcohol content levels were high doesn’t guarantee you were intoxicated during the initial traffic stop.

The body’s system can sometimes take a long time to absorb alcohol, providing inaccurate or questionable results. This can happen if you have a few drinks immediately before driving, but the breath test happens several hours later. Under such circumstances, it could be possible that your BAC was below the legal limit when initially stopped.

Improper Conduct of the 15-Minute Observational Period

A breathalyzer operator should conduct a 15-minute observation before obtaining a breath sample. During this period, the operator must remain close to you to “reasonably ensure” you don’t smoke, vomit, or take anything orally. The idea behind the observational period is to ensure that any alcohol in your mouth has time to dissipate before taking a breath sample.

It helps reduce the chance that mouth alcohol will affect the results. If the test administrator doesn’t wait 15 minutes or fails to adequately observe you, any results they obtain could be deemed questionable.

Failure to Give the Required Warnings

You may have a legal defense if the police fail to give you all the required warnings or notices. One important notice is the Miranda warning that notifies you of your rights. The police should tell you that you have the right to remain silent as anything you say could be used against you in a court of law.

While the defense is typically less than many others, it can be effective if you apply it correctly. Your lawyers can provide more insights into how it can apply in your case and how to argue it out effectively.

A Skilled Criminal Defense Attorney Defending You Against DWI Charges

Facing DWI charges can be stressful, and the situation can get worse if you’re convicted. Many defenses are available to help you beat DWI charges, and experienced DWI lawyers in Jefferson County can help you evaluate them. Depending on the case specifics, they will help you choose one or a few defenses to beat the charges.

Grafe & Batchelor, P.C., is a reputable criminal defense law firm in Jefferson County. Our lawyers are skilled in DUI cases and can defend you to protect your freedom, rights, and future. Call us at 636-220-5934 to schedule a FREE case evaluation.