DWI
Driving While Intoxicated
Bart Marcules Law Firm, LLC is committed to defending the rights of individuals charged with driving under the influence (DWI/DUI). I strive to achieve the best possible outcome for you or your loved one.
The official charge of operating a motor vehicle while under the influence of alcohol or drugs varies by state. Some states, such as Missouri, refer to the offense as Driving While Intoxicated (DWI). Other states refer to this criminal charge as Driving Under the Influence (DUI). Still other states call the offense Operating While Impaired or Intoxicated (OWI) or Operating Under the Influence (OUI).
Regardless of what the offense is called, all states use Blood Alcohol Content (BAC) to determine a driver's level of impairment. Missouri has two Blood Alcohol Content (BAC) thresholds for charging a person with DWI:
- For drivers 21 years of age or older, the blood alcohol content ( BAC) threshold is 0.08.
- For drivers under 21 years of age, the blood alcohol content (BAC) threshold is 0.02.
A DWI Charge Usually Results In Two Separate Cases
Missouri DWI laws have two components to every charge of drunk driving. The first component is the actual criminal DWI charge of operating a vehicle while intoxicated or impaired. The second component is the administrative hearing pertaining to your driving privileges.
Bart Marcules Law Firm, LLC believes it is important for his clients to understand the charges against them, as well as the implications of the charges. I can guide those charged with DWI through both the administrative hearing pertaining to your driving privileges and criminal court proceedings pertaining to your personal freedom and criminal history. It is important to have an experienced lawyer acting on your behalf in these cases, as I am often able to discover errors related to the prosecution of your case that may be used in your defense.
Administrative Hearings
When you have been charged with DWI, you are entitled to an administrative hearing before the Department of Revenue. This is your opportunity to defend yourself against the civil aspects of the DWI charge. At the administrative hearing, a Hearing Officer will make a ruling on whether your driver's license should be suspended, revoked, or if the charges against you should be dismissed.
The decisions made in your administrative hearing relate to that hearing only, and do not apply to any criminal DWI charges against you.
Criminal Charges
The criminal court process of DWI proceeds in the same manner as other cases involving criminal charges. The first step is an arraignment, where you will enter your plea of guilty or not guilty to the charges against you. Conditions of your release, amount of bail, or whether you will remain in jail without bail will be determined by the Judge at the arraignment.
After the arraignment you may need to appear at a number of pre-trial court appearances in which motions may be scheduled, a plea may be entered, or your readiness to stand trial may be assessed.
Finally, if a plea agreement is not reached, your case proceeds to trial where evidence will be presented on both sides, and a judge or jury determines your guilt or innocence.
Contact Bart Marcules Law Firm, LLC
At Bart Marcules Law Firm, LLC, I can help you resolve a DWI charge in an effective and efficient manner. Contact me today to schedule a convenient consultation.
