DUI/DWI Defense

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Defending our clients against charges of driving under the influence

DUI/DWI Charges Are Serious

Whether you call it "driving under the influence" (DUI) or "driving while intoxicated" (DWI), Missouri takes impaired driving seriously. If you face DUI/DWI charges for driving under the influence of alcohol, drugs, or a combination of the two, you could lose your driver's license for a lengthy period—or even land in prison. Punishment for impaired or drunk driving in Missouri is strict and often includes license suspension, fines, and even jail time, depending on the circumstances. Don't take these charges lightly—even if your alleged offense occurred out-of-state.

Our defense attorneys can help you fight these charges to achieve the best possible outcome for your unique circumstances.

Contact Troppito Miller Griffin, LLC to schedule a consultation with a lawyer today. 816-221-6006

What is the Difference Between DUI and DWI?

Not much difference, if any. DUI, the charging language used in Kansas, stands for driving under the influence—whether that's under the influence of alcohol or drugs, or a combination thereof. DWI, the Missouri charging language, stands for driving while intoxicated—again, whether under the influence of alcohol or drugs, or a combination thereof.

What Must the Prosecutor Prove to Convict a Driver of DUI/DWI?

A driver can be convicted of DUI/DWI if there is reasonable suspicion that the person’s Blood Alcohol Concentration (BAC) is over the legal limit and/or there is evidence of active drugs impairment. When there is no evidence to prove an exact BAC or active drug impairment, a person can still possibly be convicted if there is other evidence of impairment (e.g., erratic driving, poor performance on sobriety tests, and other signs of impairment).

This is why we seek to obtain the evidence in the case, including documents and recordings. The evidence can show there is insufficient proof to convict a person of DUI/DWI or that the investigation was not done with the proper procedures. This is especially important in cases involving minors’ DWI rights in Missouri, as unique laws apply to traffic violations committed by drivers under 21. Likewise, the evidence may be insufficient to justify taking your driver’s license.

Should I Hire a Lawyer for a First Offense?

We always recommend that you hire counsel, even if it is not our firm. Regardless of your criminal history or arrest record, if you have been hit with a DUI/DWI charge, there is much at stake and much to do, even when it feels like you are guilty. You could lose your driver's license, be fined, be evaluated for drug and alcohol use, be forced to perform community service, or in some cases, be sentenced to jail time.

The good news is, with an experienced professional in your corner, you can improve your chances of avoiding harsh penalties and moving on with your life. With robust representation, you can reduce or, in some cases, eliminate your penalties.

Can I Fight the Results of a Chemical or Field Sobriety Test? What if I Refused?

As a licensed driver, you have already given implied consent for testing by a law enforcement officer who has probable cause to believe that you are under the influence of an intoxicating substance. The police officer might ask you to stand on one leg, walk in a straight line, recite the alphabet, and/or submit to a breathalyzer test. Although you have the right to refuse to take certain tests, know that in many situations, you can lose your driver's license immediately if you refuse to take a chemical test. Additionally, if you refuse to take a chemical test (a test of your blood, breath, or urine) law enforcement can seek a search warrant to forcefully obtain your blood.

When chemical results are obtained, our DUI/DWI legal team might be able to challenge the BAC test results by challenging whether the applicable state testing regulations were followed. This can be challenging the credentials of the person who collected the evidence, questioning whether the testing machine was properly calibrated/maintained, and whether the required documentation in the police reports is in line with regulations. Understanding Missouri's legal blood alcohol content—0.08% for adults and lower thresholds for minors—is critical when building your legal defense. In other words, there still may be hope, even if you took a chemical test, so never lose hope. We can help. Contact our experienced DUI legal team today.

As to Field Sobriety Tests, some jurisdictions ask drivers to submit to these tests, while others don’t use field tests at all. When field tests are done, competent counsel will look at whether the tests were done properly. Did the officer conducting the testing follow the training manual that dictates exactly how the tests must be given? Failure to give proper instructions or failure to follow the established ways to give tests can cause field sobriety testing evidence to be thrown out. If you don’t seek counsel to evaluate this evidence, you may never know what can be done to save your license.

If you're dealing with traffic violations or concerns about the potential consequences of a DUI/DWI, explore our traffic law services for more information on how we can help protect your driving record.

FAQs

Can a DWI be Reduced in Missouri?

Yes, it’s possible to negotiate a reduction in charges with the right legal representation, especially if the evidence against you is weak or if it’s your first offense.

Legal Blood Alcohol Levels in Missouri?

The legal blood alcohol concentration (BAC) limit in Missouri is 0.08% for adults, but it’s lower for commercial drivers (0.04%) and minors (0.02%).

What’s the Best DUI Defense?

Common strategies include challenging the validity of BAC and field sobriety tests, which are not 100% accurate, and the arresting officer's conduct. Evidence of improper behavior or questionable test results may strengthen your case. For those facing impaired driving or other serious legal charges, our firm also offers comprehensive criminal defense services to help you navigate the legal process with confidence.

Will Information About My Case Be Made Public?

Depending on where your case occurred and the circumstances therein, our DWI/DUI attorneys can review your situation and apply the applicable law to help you figure out who can see certain information about your case. For example, an employer may look at a driving record and see that your driving privileges were disciplined, which might cause them to look further for information about whether there was a criminal charge and/or a criminal conviction.

Other times, people may search a court database and see the DUI/DWI case; whether pending or resolved. Our goal is always to try to limit the amount of public-facing information about a client’s case and to help the client understand what might be out there.

For a free consultation, contact us online, or give us a call at 816-221-6006 today.

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