The Basics of Missouri DWI Law. Presenter: Jason Korner

Transcription

1 The Basics of Missouri DWI Law Presenter: Jason Korner

2 DWI Criminal Statute A person commits the crime of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugg

3 Prior Offenses & Penalties Misdemeanor DWI Offenses 1 st Offense SIS is possible and No mandatory jail time 2 nd Offense (within 5 years) No SIS available 10 days mandatory jail

4 Prior Offenses & Penalties Felony DWI Offenses (lifetime look back) 3 rd Offense 30 days mandatory jail Jail can be replaced by 480 hours of community service performed over the first two years of probation 4 th Offense 60 days mandatory jail (no community service option) 5 th and Subsequent Offenses 2 years mandatory prison time (not eligible for parole until after serving two years)

5 Points for DWI Pleas & Convictions No points for any DWI with an SIS No SIS for any Felony DWI 8 points for a 1 st DWI Conviction 12 points for 2 nd and Subsequent DWI Convictions

6 Driver s License Suspensions 1 st Offense with a Breath Test over.08% 90 day suspension Restricted Driving Privilege available after the first 30 days of the suspension Must have an SR 22 Insurance Policy on file with the State of Missouri to qualify for the Restricted Privilege Reinstatement Requirements SATOP Substance Abuse Traffic Offenders Program SR 22 Insurance Policy (must carry for 2 years) $45 Reinstatement Fee paid to Department of Revenue

7 Driver s License Suspensions Refusal to Submit to a Chemical Test 1 year suspension First Refusal Suspension eligible for a restricted driving privilege after 60 days Officer can request two of the following: Breath Blood Urine A lawful refusal of any of these three can result in a refusal suspension

8 Driver s License Suspensions Confessions in Refusal Cases No prior criminal or administrative alcohol related contacts No accident with injuries Available in: St. Louis County (40 hours ACS & plea on criminal case) St. Charles County (Multiple requirements) Jefferson County (60 hours ACS) Confession results in no suspension resulting from the refusal to take a chemical test

9 DWI Investigation Car in Motion Driving Observations that indicate impairment Failure to Maintain a Single Lane Weaving Wide turns Accident

10 DWI Investigation Personal Contact Admissions If the driver admits to drinking and how much the driver had to drink General Observations Bloodshot Eyes Odor of Alcohol Slurred Speech Balance Issues Field Sobriety Tests

11 DWI Investigation Field Sobriety Tests Standardized Field Sobriety Tests Horizontal Gaze Nystagmus (HGN) Walk and Turn One Leg Stand Non Standardized Field Sobriety Tests Alphabet Counting Finger to Nose Portable Breath Test (PBT)

12 Field Sobriety Tests HGN Nystagmus is an involuntary jerking of a person s eyeballs Six Total Possible Clues for HGN Test 4 or more clues are an indication of intoxication Clues (2 possible clues each left eye and right eye) Lack of Smooth Pursuit Distinct & Sustained Nystagmus at Maximum Deviation Onset of Nystagmus Prior to 45 Degrees

13 Field Sobriety Tests Walk & Turn Test Eight Total Possible Clues Two or more clues are an indication of intoxication Clues Failure to Maintain Start Position Starts Before Instructed To Begin Stops While Walking to Steady Self Does Not Touch Heel to Toe Loses Balance While Walking Loses Balance While Turning or Incorrect Turn Incorrect Number of Steps

14 Field Sobriety Tests One Leg Stand Four Total Possible Clues Two or more are an indication of intoxication Clues Sways While Balancing Uses Arms for Balance (raises arms more than 6 inches from sides) Hops Puts Foot Down

15 Elements in a Criminal DWI Case Defendant was driving or operating a motor vehicle Defendant was intoxicated Definition of intoxicated: to be under the influence of alcohol, drugs, or a combination thereof.

16 Elements in an Administrative Hearing Probable Cause to believe Petitioner was Driving While Intoxicated at the time of his arrest for Driving While Intoxicated Legal, valid breath test at or above the legal limit of 0.08%.

17 Elements for a Refusal Hearing Probable Cause to believe Petitioner was Driving While Intoxicated at the time of his arrest for Driving While Intoxicated A valid, lawful refusal to submit to a chemical test

18 Contact Information Please Call or if any questions arise Jason Korner The Law Office of Jason A. Korner 7911 Forsyth Boulevard Suite 300 Clayton, Missouri (314)