Getting a DWI or a DUI in Missouri or Illinois is a very serious offense that can affect your ability to keep your job, go to school, and even maintain your social life. There are two sides to every DWI/DUI: one side is the administrative side which affects your ability to keep your driver’s license, and the other side is the criminal phase.
When you were initially pulled over by the police officer you were given the option of blowing or not blowing in the breathalyzer. The administrative phase of your case will involve a hearing to determine whether the officer had probable cause to pull you over in the first place. If the administrative judge determines that the officer did have probable cause to pull you over and ask you to blow into the breathalyzer your license will subsequently be suspended. The administrative phase is always difficult for attorneys, even good attorneys, because the standard of proof is very low, and therefore it is much more difficult to prove the officer did not have probable cause. The majority (but not all) of administrative hearings will result in finding the officer did have probable cause to pull you over.
After the administrative phase of your case has been addressed it will be time to move on to the criminal aspect of your charge. Like all criminal charges, the state will have the burden of proving beyond a reasonable doubt that you were driving or operating your vehicle in an impaired or intoxicated state. Therefore, because the state has a higher burden to overcome (beyond a reasonable doubt vs. probable cause) a defense attorney can often successfully take your case to trial and win. Most trials can be avoided however, and we will work with the prosecutor to attempt to amend the charges and restore your driving privileges as soon as possible.
There are so many factors that go into your DWI/DUI case that we couldn’t possibly discuss all of them here. For a quote on your case give us a call at 314.499.4040.