If you occasionally consume alcohol, you could be at risk of a driving while intoxicated (DWI) arrest. Missouri state police officers are constantly on the lookout for impaired motorists in traffic. They also check drivers for intoxication after major collisions occur. You need to understand the law and your rights if you want to avoid a scenario in which you end up unfairly convicted of a DWI offense.
What are the basics that you need to know about DWI charges in Missouri?
The basic laws that apply to you
State statutes make it a crime to drive after consuming excessive amounts of alcohol. Anyone who notices warning signs of impairment, such as stumbling, confusion or slurred speech, may need to arrange for an alternate ride home. Even those who don’t display overt signs of impairment could be at risk of prosecution. Missouri has a per se DWI statute that makes it a crime to drive with an elevated blood alcohol concentration (BAC).
The testing that officers can conduct
Police officers may ask you to perform standardized field sobriety tests. You are under no legal obligation to consent to that testing. A police officer could also ask you to submit to a breath test to check your BAC. Frequently, they wait until after they have probable cause to arrest you to ask for a breath test. At that point, the implied consent law does apply. If you refuse the chemical test request, an officer may make note of that. You could face an additional driver’s license suspension in addition to whatever penalties the courts might impose for a DWI conviction.
Your rights during the stop and after arrest
As mentioned above, you have the right to decline field sobriety testing. You can also refuse to answer invasive questions. You have to provide identification and vehicle information, but you do not have to provide any information about your habits or recent behavior. Once police officers decide to arrest you, you have the right to remain silent. You can also make use of your right to legal representation.
An attorney can help you arrange for your release after arrest and navigate the process of police questioning while you are in custody. An attorney can also help you analyze your options, including negotiating a plea bargain and mounting a defense strategy.
Discussing exactly what happened before and during an arrest could help you fight back against DWI charges. The more you know about the law and your rights, the easier it may be to avoid an unfair arrest or an unjust criminal conviction.