“If I am asked to blow into a breathalyzer after being pulled over and arrested, I have to blow or I’ll lose my license for a year automatically”
False. Although the officer will tell you this, he or she is required by the Missouri “Implied Consent Law” to tell you this. The reality is that there are ways to fight the suspension that a good attorney can utilize. When you have consumed even a little bit of alcohol, you are in the grey area for blowing over .08% BAC. If you decide to refuse to take the breath test, hiring an attorney to represent you at your refusal hearing is a vital part of minimizing the impact that a DWI charge will have on you.
“If I blow under .08% BAC, I can’t be arrested or prosecuted”
False. Even if you bow under .08% BAC you can still be arrested and prosecuted for DWI. All the statute in Missouri says is that “a person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle in an intoxicated or drugged condition.” RSMO. Section 577.010 (2012). Therefore, if the prosecuting attorney believes he or she can prove that a person is “under the influence of alcohol” based on other evidence than the BAC, he or she can and will push forward with the prosecution regardless of the BAC under .08%. The prosecutor can also try to use “drug recognition” to prove that someone is impaired on a substance other than alcohol.
“If I’m in my driveway I can’t get a DWI”
False. If you are observed operating a motor vehicle anywhere, even in your own garage, you can get a DWI if the officer believes he or she has probable cause. Operation has been broadly defined by case law and can even include a person being behind the wheel of a vehicle that is turned off , as long as the keys are in the ignition and the engine is capable of running. Be careful! Even if you are trying to sleep it off, keep the keys out of your physical reach.
“There are different ways I can lose my license in a DWI case other than just being convicted of the DWI”
True. Besides just the criminal side of the case, which carries the possibility of a point suspension, there is also an administrative side of the case dealing specifically with your driving privilege and is against the Department of Revenue (DOR). There are multitude of different types of suspensions and lengths of suspensions. It is important that you consult an experienced and highly trained DWI attorney for all of your various details as it is a complicated process. You do not want to fight the Department of Revenue on your own. This is especially true if you have a commercial driver’s license (CDL) or if you have prior alcohol offenses.