Any DUI or DWI is considered serious. Even a first offense carries mandatory statutory consequences.
DUI/DWI cases have two tracks: criminal and administrative. If you refuse to blow or participate in a field sobriety test, you will receive a 15 day letter informing you that your license will be suspended and that you have 15 days to file an appeal. You can request an administrative hearing or you can file a Petition for Review in associate circuit court. This process stays the suspension until there is a final disposition. In St. Louis County, the petition may be agreed to by the State if certain conditions are met, thereby avoiding a suspension.
There is also a criminal aspect to all DUI/DWI cases. These cases are highly technical and require a thorough understanding of many issues including required procedure by the police, admissibility of evidence, whether there was a proper basis to initiate contact in the first place, and other evidentiary matters. Because these cases can have long lasting impacts on both your license, insurance, and criminal history, the case must be scrutinized by experienced counsel.
If you or a loved one are facing a DUI or DWI, call (314) 456-4567 to discuss.
- Not guilty Defendant was approached by law enforcement after defendant called 911 to complain about treatment by a bouncer. When the officer arrived, the defendant immediately became the suspect due to what the officer described was “an attitude”. Without evidence, the officer accused the defendant of being intoxicated. Defendant was able to produce his bar tab at trial that he had the proverbial two beers over the course of several hours.
- Felony DWI amended to misdemeanor Defendant was accused of driving while intoxicated, a third offense, but the prior two offenses were nearly twenty years old. Defendant was facing a mandatory felony conviction. The State agreed that the result of a felony conviction under the circumstances was too severe and amended the felony to a misdemeanor.
- DWI manslaughter suspended imposition of sentence Defendant was accused of being .001 over the legal limit when involved in an accident that resulted in the death of a passenger in another vehicle. Due to several extenuating circumstances including the young age of the defendant, doubts as to whether alcohol was a contributing factor, and doubts as to the reliability of the test results, charges were amended and defendant received a suspended imposition of sentence.The initial offer was a three year prison sentence to defendant’s first attorney.
- Felony DWI dismissed Defendant was accused of a third DWI and was facing a mandatory felony conviction. The State’s initial offer was three years in prison. The State used a subpoena to secure blood results from defendant’s medical records. Attorney Richard Lozano filed a motion to suppress and exclude evidence on several grounds including the blood evidence not being in compliance with regulations for admissibility in a criminal prosecution. The Court denied the motion, but the State agreed that the motion should have been granted. The State offered a deferred prosecution agreement and dismissed the case.