These are mistakes that drivers charged with a Missouri DWI, DUI, or BAC tend to make during or after a Missouri DWI arrest. This list is not exhaustive, but is intended to provide the basics of DWI errors.
Admitting consumption of alcohol to the Missouri DWI enforcement officer. You are not required to answer questions about your alcohol consumption. Doing so will only give the state more evidence against you. Please read our Police Tactics page for more information!
Submitting to field sobriety tests. There is no legal requirement that you submit to field sobriety testing. Your refusal to submit to the tests, however, may be used as evidence against you. Please read our Missouri DWI FAQ's for more information!
Not challenging the suspension of your driver's license. There are a great many of challenges that can be brought to protect your Missouri driver's license. Failing to challenge the suspension waives a prime opportunity to cross-examine the police officer.
Just pleading guilty. People do this because they fail to understand the seriousness of a Missouri DWI charge. Missouri DWI penalties are steep, and have long-lasting effects. Some employers check your criminal history and you may be disqualified from some jobs as a result of pleading guilty to a Missouri DWI.
Believing that any attorney's can defend a Missouri DWI charge. This is probably one of the most common mistakes made. All attorney's are not well versed in the types of defenses and challenges that come with defending against a Missouri DWI charge. Trusting your defense to someone who does not understand Missouri DWI law may jeopardize your license and your freedom.
Hiring attorney's based only on the price of their fee. Many people will try to barter to get a lower price from an attorney. But you would never consider trying to barter with a doctor when they are sick. When you are faced with a Missouri DWI charge you should stop and think about what it is you are facing. You are facing a criminal conviction, higher insurance, mandatory alcohol screening, jail, steep criminal penalties, administrative costs, court costs, loss of your license, and most likely disqualification from some jobs. So what a person charged with a Missouri DWI should think about is: What kind of lawyer do I want representing me? How can I put myself in the best position to successfully defend against these charges? You'll quickly see that if you win your case the money you spend for a qualified Missouri DWI attorney is money saved in fines, costs, lost income, and insurance later on.
Failing to follow the instructions of their lawyer. Many people will do their research to find a qualified Missouri DWI lawyer, will meet with the lawyer, pay the fee, but then disregard the lawyer's advice believing that once the lawyer has the case the driver's job is over. That is simply wrong! Even the best Missouri DWI lawyers need the help and cooperation of their clients in order to present the best defense possible. A Missouri DWI lawyer with an uncooperative client is like a quarterback with uncooperative receivers...he can throw the ball, but if there's nobody there to catch it, it's wasted energy.
Telling lies or half-truths to their lawyer. We all want others to think the best of us. Clients sometimes will not tell their Missouri DWI lawyer the whole truth thinking that the lawyer will never find out the truth, or that whatever he doesn't hear won't be important. The problem is that a lawyer cannot effectively defend against accusations he doesn't know about. Therefore, if you fail to tell your lawyer the whole truth upfront he cannot be prepared to soften the blow of harmful information that comes out at trial.
Answering the officer's questions after the breath test. After you have been arrested, and after you've either taken or refused the breath test, the officer will read you a series of questions such as "What time is it now?" "How much have you had to eat today," etc. These are questions from the Alcohol Influence Report that the police officer is required to complete. That does not mean you are required to answer. See our Police Tactics page for more information on this and other police tactics.
DWI charges are impossible to beat. Many people believe that once arrested for a Missouri DWI that a conviction is easily obtained by the prosecutor. That is simply wrong! A well qualified Missouri DWI defense attorney can effectively investigate, and challenge all of the evidence in a Missouri DWI case. You don't have to prove you're innocent, the State has to prove you are guilty.
Within these pages you will find information about:
- How officers identify potential Missouri DWI arrestees
- Fifteen ways we defend a Missouri DWI charge
- How to protect yourself if you ever are stopped for Missouri DWI
- Criminal penalties of a Missouri DWI conviction
- Information about Missouri DWI driver's license suspensions
- Information about Missouri DWI Field Sobriety Tests
- Information on how Missouri Courts rule on DWI law
- Information on how Frequently ask DWI questions
- Information on DWI law generally
- A breif overview of Missouri DWI's
- Our Legal Disclaimer
- Please visit our Law Firm Website at www.pauluslawfirm.com
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