St. Louis DWI Lawyer|Missouri DWI Attorney
Missouri DWI Arrest Procedure
DWI arrest procedures in Missouri are based, in part, on recommendations by the National Highway Transportation Safety Administration (NHTSA). Police officers try to gather as much evidence as possible to show your level of impairment while driving. While each police department operates differently, this is a typical DWI arrest procedure.
- Driving Case
Most police officers will try to establish a "driving case", meaning the officer observed you while driving. Most of the time these driving cases act as the probable cause for making a traffic stop and investigating further. Driving cases may include: speeding, driving too slow, weaving, striking fixed objects or using roadside curbs to guide the vehicle. - Observation of Person
The officer will investigate further to see if you have physical indicators to possible intoxication, including slurred speech, watery or blood shot eyes and the order of consumed alcoholic drinks. - Field Sobriety Tests
The officer will ask you perform a few roadside field sobriety tests to show physical impairment. These tests involving concentration, balance and some basic physical stamina. These tests are voluntary. - Portable/Preliminary Breath Test (PBT)
The officer may ask you to blow into a handheld breath test, known as a PBT. This device is not usually carefully calibrated or maintained as well as the larger, official breathalyzer at the police department. This is just another tool to indicate consumption of alcohol. - Arrest and Subsequent Search
If the officer believes you are intoxicated or cannot safely operate your vehicle, you will be arrested and taken to the police department for further testing. You and your vehicle will likely be searched subsequent to an arrest. - Testing for Blood Alcohol Content (BAC)
At the police department you will be tested to determine the blood alcohol content (BAC) in your blood. This is usually done via a breathalyzer breath test, but also include testing via blood and/or urine. Failure to submit to a BAC test will result in loss of your driver's license for a year. A DWI conviction will result in loss of your drivers license for up to 90 days (first offense). - Charged with DWI
If you are 21 years old or older and your BAC is 0.08 or higher, you will be charged with Driving While Intoxicated (DWI). If you are under 21 years old and your BAC is 0.02 or higher, you will be charged with DWI. - Summons
You will be issued a summons to appear in court to enter a plea of guilty or not guilty. - Arraignment
This is your first appearance in court to enter a plea of guilty or not guilty. Hopefully you have retained the services of an experienced Missouri DWI Attorney to represent you. - Pre-Trial Conference
- Suppression Hearing
Motions are made by your attorney to have evidence suppressed from being considered in the criminal DWI case against you. - Trial
- Administrative Hearing
This is the administrative case that occurs separately from the criminal charge. The administrative hearing only deals with the suspension of your driving privileges.
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The St. Louis lawyers at Millikan & Millikan, LLC provide DWI Defense, Criminal Defense, Injury and Workers Compensation representation to individuals in the greater St. Louis Area, including: St. Louis City, St. Louis County, St. Charles County, Madison County and St. Clair County.
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