St. Louis DWI/DUI Attorney
DWI is a serious offense with negative, far-reaching effects. A drunk driving arrest can result in driver's license suspension or loss of your license altogether. Depending on whether it's your first offense or third, other penalties may include jail time, substantial fines, or a criminal record conviction.
Contact me, experienced St. Louis DWI attorney Jennifer A. Coke, to help protect your legal rights as an accused drunk driver. I offer quality, cost-effective DWI defense. For more information on DUI/DWI, visit the Frequently Asked Questions page. For immediate assistance, complete the ONLINE TRAFFIC INFORMATION FORM.
Q. I’ve received a ticket for DWI/DUI in Missouri, what is going to happen now?
If this is your first time DWI, and you blew over a .08% (or refused to blow at all), there are probably two separate proceedings initiated against you. First, you have the underlying DWI charge in criminal court. Additionally, after being arrested and booked, you were likely given some paperwork and a fifteen (15) day driving permit. If you blew over the legal limit, the State of Missouri has enacted a statute that allows the Department of Revenue to suspend your license automatically for thirty (30) days, followed by a sixty (60) day restriction on driving. This suspension is separate and distinct from your criminal offense. If you refused to blow, the Department of Revenue is authorized to revoke your license for one (1) year. It is important to note that the suspension or revocation will begin automatically on the sixteenth (16th) day unless you complete the form requesting and Administrative Hearing.
You should discuss with your attorney whether or not to file the request for administrative hearing. Many times, the suspension is upheld in the hearing because the only issue to be decided by the Administrative Hearing officer is whether or not there was probable cause to believe that you were driving a motor vehicle while the alcohol concentration in your blood was .08% or more by weight. In many cases, this is relatively easy for the State to prove.
However, in many cases, if the officer did not administer the sobriety or breathalyzer test properly, follow all necessary procedures, including training, and complete the forms completely and accurately, the evidence may be excluded and the driver may be successful in having their license reinstated.
Filing the request for Administrative Hearing also delays the time by which the thirty (30) suspension begins to run until after the hearing. Keep in mind, however, that the hearing is a legal proceeding and requires the representation of your attorney, which may be expensive, depending upon the length and type of evidence involved.
Q. How can an attorney help me with my DUI/DWI?
Driving While Intoxicated on the first offense is a Class B Misdemeanor. Upon conviction, it carries a potential penalty of up to six (6) months in jail and a $500.00 fine and eight (8) points on your driving record. My initial job as your attorney is two-fold: examine the police report and all other evidence against you to determine the likelihood of acquittal at trial, and if it is unlikely the case will be dismissed, negotiate with the prosecutor the best possible plea agreement on your behalf. In the event the evidence is deemed to be favorable to you, you may wish to proceed with a trial on the merits of your case.
Q. What type of plea agreement can I get?
Upon speaking with the prosecutor, if this is your first offense, it is possible for your attorney to negotiate a Suspended Imposition of Sentence (SIS) with a period of probation. With an SIS, you are agreeing to plead guilty to the charge, however, the sentence will not be imposed upon you unless you violate your probation during your probation period. If you successfully complete your probation, the sentence will never be imposed, and you will not be assessed any points on your license. This type of an agreement usually involves conditions such as taking the Substance Abuse Traffic Offender’s Program (SATOP), attending a victim impact panel, community service, and payment of recoupment fees to the police department.
Q. What are my responsibilities?
1. Complete SATOP. This is a class that will have to be taken as a condition of probation, as well as to get reinstated administratively. You should try to sign up for the class early, and preferably have the course completed prior to your court date, to show compliance when a plea is requested. If you cannot complete the course prior to your court date, you can sign up for the class the day of court or after, and there will likely be SATOP representatives in the courtroom on the day of the hearing.
2. Make sure the other conditions imposed by the court are met, such as getting your community service completed, paying any fines and court costs, paying any recoupment fees, and meeting with your probation officer initially and at all required times.
3. Obtain SR-22 insurance. On the Administrative (Department of Revenue) side, you must obtain SR-22 (high risk) insurance to be eligible for reinstatement. You may call your (or any other) insurance company to purchase the necessary policy.
4. Pay the reinstatement fee to the Department of Revenue and send in your SATOP certificate and proof of SR-22 insurance in order to have your driver’s license reinstated.
5. Appear in court at all times instructed by your attorney. Once the case is set for trial or a plea, you will need to appear in court in front of the judge on a specific date. You must be on time and dressed appropriately (business casual or business – no jeans, shorts, cut-offs, tank tops, sleeveless shirts, t-shirts, etc.).
Q. What is this DUI/DWI going to cost?
1. Attorney’s fees. The attorney’s fees will vary depending on a variety of factors, including whether you want your attorney to pursue the Administrative Hearing. My fees of $500 includes consultations and interviews with you regarding the facts of your case, entering an appearance on your behalf with the court, requesting and reviewing all evidence and reports in your file, discussing my opinion of the opportunity for success at trial with you, and negotiating a potential plea agreement on your behalf. In the event you decide you want me to represent you at an Administrative Hearing or you choose to take your case to trial, charges will be billed on an hourly basis, and an additional retainer will be required.
2. Fines and court costs. If you receive an SIS on the DWI, you will only pay court costs and a recoupment fee for that charge. If there is a companion charge (like speeding, improper lane usage or defective equipment) you may have to plead guilty on those charges and pay a fine plus court costs depending on the plea agreement.
3. SR-22 Insurance. The fee for this high-risk insurance is generally much more than your regular insurance rates. Contact your insurance company to determine the exact cost.
4. SATOP. There is a fee for the SATOP class. It is generally around $345 or above.
5. Community Service. If community service is part of the plea agreement, there may be a cost to participate in a community service program.
6. Recoupment fees. As part of the plea agreement, you may be required to “repay” the police department for the time and expense it incurred for your arrest. This fee is usually between $50 and $100.
7. Reinstatement fees. A reinstatement fee of $45 is charged for each violation by the Department of Revenue in order for you to get your license back.
8. Restitution. If there was an accident involved, you may be ordered to show that you have compensated the victim for any injuries or damages. You may also have to show that your insurance company has been advised of the accident and has paid any claims of the victim.
Q. Minor in Possession (MIP) "Possession by Consumption" Law
I also handle underage drinking cases involving a minor in possession of alcohol. The 2005 Missouri law expanded "possession" to include "possession by consumption" and being "visibly intoxicated." I can help when a minor has been accused of violating possession laws or DWI.
In addition, I effectively represent clients regarding Estate Planning, Real Estate law, Business and Consumer law and less serious Traffic Violations than those involving drunk driving.
Contact me at The Coke Law Firm in St. Louis, Missouri, to discuss your potential case and how I may help.
The Coke Law Firm
Jennifer A. Coke, Attorney at Law
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