A night out with friends can quickly become a legal situation for a St. Peters resident who is stopped on suspicion of driving while intoxicated. In Missouri, drivers who are found to have blood alcohol concentrations (BAC) of at least .08% can be arrested on drunk driving charges. The alleged level of a person’s BAC, their prior DWI convictions, and a host of other factors can impact the type of charges they face and the severity of punishments that can result if they are convicted.
When a person is arrested for DWI in St. Charles County, they may not know what to do to protect their driving privileges and legal rights. It is important that they take proactive steps to understand what they are facing and how they may choose to defend themselves. This post does not offer any legal advice, and readers with specific DWI questions can reach out to their trusted DWI defense attorneys.
#1 BAC below .08% does not necessarily protect from a DWI arrest
When a driver has a BAC at or above .08%, they are considered per se intoxicated. At this level, an arresting officer does not need to procure additional evidence of their condition. The driver can be arrested based solely on their BAC.
However, a person who shows signs of drunk driving but whose BAC is below .08% may also face charges if other evidence of intoxication is found. Before an officer can stop a driver for suspected DWI, they must have reasonable suspicion that the driver is intoxicated in violation of the law.
#2 Reasonable suspicion of intoxication can depend on circumstances
There are some driving behaviors that law enforcement officials look out for that can suggested that drivers are intoxicated. Erratic or slow driving, driving without staying in one’s lane, stopping in a road, drifting, and other driving behaviors can give officers the reasonable suspicion they need to legally stop a driver for suspected drunk driving. However, officers may also derive suspicion of drunk driving if they stop drivers for unrelated matters, such as when investigating vehicle accidents. Reasonable suspicion of a driver’s intoxication is often dependent on the facts and circumstances of the individual case.
#3 Zero tolerance laws apply to drivers under 21
Individuals under the age of 21 may not legally drink alcohol, but those who do can face significant legal penalties for being arrested for DWI. In fact, a person under the age of 21 can be arrested for DWI if their BAC is above .02%. The reduced BAC level for underage individuals arises from the state’s Zero Tolerance Law.
#4 A DWI conviction can result in jail time
A first-time DWI conviction is a serious legal event. In Missouri, a person may have to spend several days in jail as a result of their conviction. Time in jail is time away from one’s family, one’s job, and one’s other important commitments.
#5 There are defenses to DWI charges
Although every case is different, men and women who are arrested based on suspected DWI should know that they may have defense options. For some, it may be possible to challenge the reasonableness of an arresting officer’s suspicion at the time of their DWI arrest. For others, poorly administered breathalyzer or field sobriety tests introduce doubt into the DWI trial process. A knowledgeable DWI defense attorney can offer guidance to their client on their options.
A DWI arrest and conviction can alter a person’s life, but these legal hurdles do not mean the end of a person’s legal options. Getting help with a DWI case early can help many forge successful paths to protecting their rights.
