I got a DWI, now what?
The first thing you should do is contact your attorney. There are a number of issues at stake and there is a very limited window of time to act. If you were arrested for driving with a blood alcohol content (BAC) of .08 or higher, you will almost immediately be faced with two different issues: a criminal case and a civil administrative case. The criminal case will progress per normal court rules. Remember though, if you have prior offenses you may be looking at stiffer penalties.
The second issue at hand is the civil case. When you are arrested for driving with a BAC of .08 or higher the officer may take your license and issue you a 15 day temporary driving permit. It is imperative to understand that whether or not the officer takes your license you must act now. If you are or were arrested for driving with a BAC of .08 or higher you have fifteen (15) days to request a hearing or your driver’s license will be suspended. This is a firm deadline and cannot be continued. If you do not request a hearing during this time the suspension is final and cannot be appealed or overturned. In the event that you do not act within the fifteen days following your arrest your license will be suspended for a length of time determined by any prior offenses of a similar nature. If you do not have any alcohol related law enforcement contact within the five years prior to this offense you will be suspended for ninety days. Whereas, if you do have any prior alcohol related law enforcement contact within the last five years your license will suspended for an entire year.
However, if you, or your attorney, contacts the Missouri Department of Revenue to request a hearing within fifteen days you will have a wide range of options and possible outcomes. The matter will be set for a hearing, and either an attorney for the Missouri Department of Revenue or a local Prosecutor will conduct the hearing. There is a shift in the normal burden of proof, and you will want to discuss that with your attorney. However, at the conclusion of that hearing, your suspension will either be upheld or overturned. If overturned, the suspension is cancelled. If the suspension or revocation is upheld you can petition a circuit court for review. In either case, you attorney can discuss options for a Limited Driving Privilege (LDP) and other remedies with you.
There are a number of options and a number of possible consequences if you have been arrested for driving while intoxicated, please contact an experienced and dedicated attorney at Licker Law Firm today!