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| DWI Question of the Day Archives |
20Oct2008 "How do Hand Held Alcohol Sensors work?" The operator’s manual of the Alco-Sensor IV (the hand held sensor commonly used by Missouri Law Enforcement officers) describes the theory and design of the Alco-Sensor IV as follows:
The Manual also states that operator training is recommended on the instrument operation, maintenance, and testing procedure, and that an accuracy check should be performed at a minimum of once every thirty days. 13Oct2008 "What are the Powers and Jurisdiction of the Water Patrol?" MIssouri Statues provide that each water patrol officer appointed by the Missouri state water patrol and each of such other employees as may be designated by the patrol, before entering upon his or her duties, shall take and subscribe an oath of office to perform all duties faithfully and impartially, and shall be given a certificate of appointment, a copy of which shall be filed with the secretary of state, granting all the powers of a peace officer to enforce all laws of this state, upon all of the following: (1) The waterways of this state bordering the lands set forth in subdivisions (2), (3), (4), and (5) of this section; (2) All federal land, where not prohibited by federal law or regulation, and state land adjoining the waterways of this state; (3) All land within three hundred feet of the areas in subdivision (2) of this section; (4) All land adjoining and within six hundred feet of any waters impounded in areas not covered in subdivision (2) with a shoreline in excess of four miles; (5) All land adjoining and within six hundred feet of the rivers and streams of this state; (6) Any other jurisdictional area, pursuant to the provisions of section 306.167; (7) All premises leased or owned or under control of the Missouri state water patrol. Each water patrol officer may board any watercraft at any time, with probable cause, for the purpose of making any inspection necessary to determine compliance with the provisions of this chapter. Each water patrol officer may arrest on view and without a warrant any person he or she sees violating or who such patrol officer has reasonable grounds to believe has violated any law of this state, upon any water or land area subject to his or her jurisdiction as provided in this section or may arrest anyone violating any law in his or her presence throughout the state. Each water patrol officer, while investigating an accident or crime that was originally committed within such patrol officer's jurisdiction, as set forth in this section, may arrest any person who he or she has probable cause to believe has committed such crime, even if the suspect is currently out of the water patrol's jurisdiction. Water patrol officers, if practicable, shall notify the sheriff or the police department prior to making an arrest within their respective county or city. Each water patrol officer shall comply with the training and certification provisions of chapter 590, RSMo. 10Oct2008 "How do I get a hardship license?" If you have been revoked from driving in Missouri for convictions or a refusal, you may be eligible for "Limited Driving Privileges", most commonly known as a hardship license. You may apply for a hardship license to either the circuit court of your county of residence or the Director of Revenue. There are many reasons why a hardship license may not be granted, including the fact that you have been convicted of a felony involving the use of a vehicle, the failure to pay child support, or suspension in another state. There are also many requirements concerning when a person may apply for the hardship license. For instance, a person convicted of 2 DWI's within 5 years may not apply for a hardship license until he or she has served at least 2 of the 5 years of revocation. For more information on how to obtain a hardship license please contact Attorney Ryan Paulus. 07Oct2008 "What is the Administrative Hearing? The civil portion of a Missouri DUI / DWI / BAC case is completely separate from the criminal charge, and involves the Director of Revenue of the State of Missouri attempting to take action against the driver’s driving privilege in the State of Missouri, separate from the criminal charge in the case, i.e.—the outcome of the civil license case is not dependent on the criminal case, or vice-versa. In the civil portion of a Missouri DUI / DWI / BAC case, the maximum amount of time a license may be suspended in one year, (unless the driver is subject to a five or ten-year denial for prior offenses), with the additional penalties usually being imposed that the driver: pay a reinstatement fee, file proof of SR-22 insurance, and attend a substance abuse assessment. Because the license suspension / revocation action against the driver is civil in nature, it is important to note that many of the rules of criminal proceedings do not apply. For instance, in the typical civil license suspension /revocation action against a driver over the age of 21, the initial traffic stop does not even have to be lawful for the driver to still have their license suspended in the civil action!! (Note: in the civil portion of under-21 Missouri DUI / DWI / BAC cases, a lawful stop IS required.). License suspensions / revocations go on a permanent driving record in Missouri.
02Oct2008 "What is SATOP and how much does it cost?" The program controlling reinstatement is referred to as SATOP (Substance Abuse Traffic Offenders Program). Under SATOP there are several things a driver must do and several options or requirements which might be placed on that particular driver in order to obtain reinstatement. Under SATOP, the first thing a driver must do is undergo a professional assessment. There is a cost to that assessment and it generally runs a minimum of $245.00. That fee includes $120.00 for the initial screening, and a $125.00 supplemental fee. There is also the cost for the specific program which, as I will discuss further, is a minimum of $100.00. There will never be a fee less than $345.00, so any driver should expect that minimal fee in order to accomplish what needs to be done for reinstatement. After the assessment, there are three different options available depending on a number of things, but the most important one is the driving history of the particular driver. Other things such as the lifestyle of the particular driver, the reading on a breathalyzer examination, etc. can also be taken into consideration. What they are trying to do is determine what particular problem level that driver has so that a particular course of treatment can be set for that driver. The three treatment levels are: 1) A 10 hour Alcohol Education Program (similar to the original ARTOP program) 2) A 48 hour Weekend Intervention Program (WIP) 3) A 50 hour Clinical Intervention Program involving counseling over a three to six week period (CIP) A good rule of thumb that I use, is that first time offenders can expect the 10‑hour education program. If a person is a second‑time DWI offender, he can probably expect a requirement that he complete the Weekend Intervention Program (WIP). Those with two or more prior alcohol arrests or convictions should be concerned that they might be required to undergo the more extensive Clinical Intervention Program (CIP). Costs vary depending on the program required. Basically, the 10‑hour education program will be $100.00. The Weekend Intervention Program (WIP) generally runs from 4:00 p.m. on Friday until 4:00 p.m. on Sunday and requires the particular person to be housed in a restrictive environment and to receive at least 30 hours of intensive educational intervention. The cost for that is approximately $400.00. The Clinical Intervention Program (CIP), again which is utilized for the people with more than one prior alcohol contact, consists of 50 hours of treatment on an out‑patient basis over a six‑week period of time. The cost for that program will generally run about $812.96. There are considerations based on a person’s ability to pay and there are state funds which can be utilized based on that ability. To find information about SATOP on the internet, go to: http://www.dmh.missouri.gov/ada/satop/ Here, you may find a list of SATOP providers across the State of Missouri.
01Oct2008 "What's the difference between a DWI and a BAC?" At first look, the elements of the charge of DWI and BAC appear the same, but there are significant differences between the two in a driver’s Missouri DWI / BAC criminal case. The State of Missouri’s burden of proof is different for each offense, and whether the driver is charged with DWI or BAC in the case will significantly effect how the trial will be handled by the defense attorney. In Missouri, a person commits the under the influence crime of DWI if “he operates a motor vehicle while in an intoxicated or drugged condition.” RSMo. 577.010. For a BAC charge, the driver may be found guilty of BAC anytime a blood, breath, or urine test is proved conclusive in determining the person operated a motor vehicle in Missouri with eight- hundredths of one percent or more by weight of alcohol in such person's blood (driving with a BAC greater than the limit of 0.08%) RSMo. 577.012. The charges of DWI and BAC are two separate offenses in Missouri, and BAC is not the lessor included offense of DWI. The easy rule of thumb for remembering the main difference between the two charges is a driver can be convicted of DWI if enough evidence of actual impairment is presented by the state, even without a chemical test of the driver’s blood, breath or urine, (as in a case where the driver refuses a chemical test in their Missouri DWI case), where a BAC charge requires a valid chemical test for conviction.
30Sept.2008 How to Reinstate your License Below I've posted how to reinstate your Missouri Drivers License after losing it for DWI. This information is from the Missouri Department of Revenue's website.
Within these pages you will find information about:
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