DWI
If you are facing a DWI, you need knowledgeable, aggressive representation.
Driving While Intoxicated (DWI) charges can be overwhelming, multi-faceted, and even in the simplest of situations, they can present a multitude of issues. Unlike any other area of criminal law, DWI can affect not only your criminal record, but also your driving privileges.
DWI offenses are unique in many ways, most significantly that oftentimes, it is the opinion of the arresting officer that becomes the best evidence for prosecutors in making charging decisions.
In his career as a judge, the Prosecuting Attorney and now an attorney in private practice, Tim Lohmar has seen every aspect of DWI cases, from those accused of first-time offenses, repeat offenses, chronic offenses, and offenses involving injury or death.
He brings a unique perspective to every DWI situation, primarily because he understands how police and prosecutors think, and more importantly, how they decide whether they believe they can prove that someone was driving while intoxicated.
If you are facing a DWI, whether it’s a first offense, a repeat offense, or one involving serious injury or death, you need knowledgeable, aggressive representation.
Throughout his career, Tim Lohmar has been involved with over 1,000 DWI cases, and with that experience, he brings a wealth of information, all of which will give his clients fully informed options as they make the best decisions for their own individual situations.
Tim Lohmar has seen every aspect of DWI cases, from those accused of first-time offenses, repeat offenses, chronic offenses, and offenses involving injury or death.
FAQ
ONE ARREST – TWO DIFFERENT CASES
When you’re arrested for DWI in Missouri, there are two different sets of cases that will follow. One is the DWI charge itself. The other, and the more immediate case, is the possible suspension or revocation of your driving privileges.
What happens to your driving privilege following a DWI arrest depends on whether you submitted to an analysis of your blood alcohol content (BAC), or whether you refused the breathalyzer test.
THE FIRST CASE:
DWI AND ITS EFFECT ON DRIVING PRIVILEGES
WHAT HAPPENS IF I TOOK THE BREATHALYZER AND BLEW OVER .08?
The legal limit in Missouri for blood alcohol content is .08. If you provide a breath sample greater than a .08 BAC, the officer is required to seize your driver’s license. You’ll be given a Notice of Suspension, and that notice states that your privilege to drive will be suspended for a period of 30 days, followed by a 60 day period of restricted driving privileges. If you’ve received this Notice of Suspension, it’s extremely important to get your attorney involved immediately.
FIGHTING THE ADMINISTRATIVE SUSPENSION
You have a right to fight the suspension by requesting an administrative hearing. But, you must file your request within 15 days. Otherwise, you’ll forfeit your right to challenge the suspension. A timely request allows you to keep your driving privileges in place, pending the outcome of the hearing. Typically, a hearing will take place 8-10 weeks following the arrest. Administrative hearings are difficult to win, primarily because the standard of proof is very low. But, by requesting an administrative hearing, at the very least, you retain some control over when your suspension may begin.
WHAT HAPPENS IF I REFUSED TO TAKE THE BREATHALYZER?
In Missouri, if you’re arrested on suspicion of DWI, the officer is required to read you the Missouri Implied Consent law, and ask you whether you’ll agree to provide a breath sample. You have the right to refuse to take the test, and evidence of your refusal may be used against you in a prosecution, and will automatically result in a 1 year revocation of your driving privileges. If you refused to take the breathalyzer, it is vitally important to get your attorney involved immediately.
FIGHTING THE REVOCATION BECAUSE OF A REFUSAL:
If you refused to take the breathalyzer, and you were given a Notice of Revocation, all is not lost. You have 15 days before your revocation will begin. But, your attorney is able to file a Petition for Review, in which case, you’ll be given a temporary stay order, meaning the revocation of your license is put on hold. There are very strict time limits on filing a Petition for Review, and this is another reason why it’s extremely important to get your attorney involved immediately. If you’ve never been arrested for DWI before, oftentimes, a seasoned DWI attorney may be able to negotiate an opportunity so that you can avoid a revocation of your driving privileges completely.
THE SECOND CASE:
THE CRIMINAL PROCEEDINGS
Aside from the drivers license portion of being arrested for DWI, you’re also facing a criminal prosecution. What that process looks like largely depends on whether this is a first offense or a repeat offense.
A first offense DWI is a Class B misdemeanor, which can result in a maximum punishment of up to 6 months in jail, and / or a fine of up to $500. Typically, you can expect the penalty to include some type of probation, along with a variety of special conditions.
Repeat DWI offenses carry significantly higher potential penalties. If you’ve been arrested for DWI twice within a 5-year period, the second offense will likely be a Class A misdemeanor, which can result in a maximum penalty of up to 1 year in jail, and / or a fine of up to $1,000. Third and subsequent DWI arrests will likely be charged as felonies, all of which carry maximum penalties that include multiple years in prison.
Unlike most other areas of criminal law, DWI cases have a much higher degree of complexity, and no two cases are alike. A seasoned DWI attorney is vitally important to guide you through the process and to navigate a confusing and overwhelming experience of facing a DWI charge. Tim Lohmar has been involved in thousands of DWI cases throughout his career, as a Judge, as a Prosecutor and as a defense attorney, and his experience will provide you with the much-needed peace of mind and confidence that you’re receiving the best possible representation.