The DWI and DUI attorneys at Coats Law Firm in Saint Louis can help you fight your Missouri DWI or DUI charges. Our DWI lawyers have fought thousands of DWI and traffic law cases and are here to help you fight your charges. Our St. Louis DWI Attorney’s fees start at the low price of ONLY $599.
Whether your DWI charge was the result of a routine traffic stop, an accident, or a sobriety checkpoint, we can help you with your case.
What to do if you get pulled over for DWI:
The Right To Remain Silent: You should be polite and have your driver’s license and proof of insurance ready for the police officer. You should ask for the reason you are being stopped. If the officer begins to ask questions about drinking alcohol, the smell of alcohol, etc you have the right not to answer questions and you should use that right. Any type of admission about drinking alcohol will increase the likelihood that you will end up arrested for DWI and will end up written down as evidence against you in the police report. You should respectfully explain that you are going to use your right to not answer questions and ask the officer to write your traffic ticket so that you can leave.
Field Sobriety Testing: If the officer requests that you perform field sobriety tests you are not required to submit to those tests. Any evidence of clues from these tests will be used as evidence against you in a DWI criminal case. You should respectfully decline to perform any type of eye testing where you are asked to look at or follow an object (gaze nystagmus tests). You should respectfully decline to perform any type of walking, one leg standing, turning testing (one leg standing and walk and turn testing). You should respectfully decline to perform any type of counting, alphabet etc testing.
Portable Breath Tests / Official Breath Tests: There are two main types of breath tests administered to measure blood alcohol content: 1) hand held portable breath test; 2) official breath test subject to Missouri implied consent law. The hand held portable breath test is a device the officer may keep in his patrol car and can be administered during the actual traffic stop. You are not required under Missouri’s implied consent law to submit to the hand held portable breath test so you should not submit to this type of hand held portable breath test as it can be used as probable cause to arrest you for DWI. The official blood alcohol content breath test machine is kept at the police station and it is the official test that is subject to Missouri’s implied consent law.
To Blow Or Not To Blow: Under Missouri’s implied consent law you will face losing your license if you do not cooperate with the official breath test at the police station, but that does not always necessarily mean that you “should” cooperate. Unfortunately there is no black or white easy answer to the question “should I blow?” The answer depends on each person’s specific facts and circumstances such as whether this is a first DWI arrest, whether there has been an injury, etc. You have the right to consult an attorney. If you are faced with this difficult decision you should ask to call an attorney and get professional consultation from an experienced traffic attorney.
What Happens If You Get Arrested: If you refuse to answer questions and refuse to perform sobriety tests you still may be arrested, however it will be harder for the police/Prosecutor to make a criminal case against you. If you are arrested you should continue to refrain from answering questions but still be cooperative and polite. The officer will book you, complete a lot of paperwork, and eventually instruct you on how to post bond and let you use the phone. When you are released you may be given paperwork that tells you when to return to court, and you should be given paperwork that explains when your license suspension/revocation goes into effect.
Time Is Of The Essence: In Missouri It is very important that you contact an experienced traffic attorney quickly after any DWI arrest. When you fail the breath test your license will be suspended/revoked 15 days after your arrest date, any appeal must be timely filed withing 15 days or that right is permanently lost. When you refuse the breath test your license is revoked 15 days after your arrest date, and any appeal must be timely filed or that right is permanently lost. An experienced traffic law attorney may be able to help you avoid suffering a driver license suspension/revocation but you need to act quickly to file an appeal and protect your rights.
Call us today for a free consultation! (314) 644-0602.