St. Louis Underage DWI Lawyers

Missouri’s “zero tolerance” approach makes it much easier for the state to take away the driving privileges of persons under 21. They may also be charged with Minor in Possession of Alcohol and/or DWI.

Don’t risk your future – work with an attorney to have your charges dropped or reduced. JCS Law aggressively defends those under 21 years old facing alcohol-related traffic offenses in Missouri. Police officers can make mistakes, and your future is worth more than one bad decision.

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Differences between underage and adult DWI charges

The legal limit for intoxication in Missouri is a Blood Alcohol Concentration (BAC) of 0.08%, and it’s measured by a blood, breath, or urine test. Measuring the BAC is the same regardless of age. The same rules apply to the criminal charge of DWI regardless of age.

The significant difficulty those under 21 face is a difference If you are under 21 and you test over .02 BAC, you may lose your driving privileges for one year and will likely be charged with Minor in Possession of Alcohol.

However, the threshold for a legal amount of alcohol in your bloodstream is much lower if you’re under 21.

Section 311.325 of the Revised Laws of Missouri defines the legal intoxication limit for persons under 21 as 0.02% – considerably lower for minors than adults.

To put this into perspective, a woman may have a BAC over the legal limit after two to three drinks, while a man may have a BAC above the legal limit after three to four drinks. A few sips of an alcoholic beverage may result in a BAC above the legal limit for a minor.

Missouri dubs this a “Zero Tolerance” policy for underage drinking; the only reason the state sets a BAC level of 0.02% is to account for occasions where a minor may have a small amount of alcohol for religious ceremonies.

Underage DWI penalties can be steep, including losing a driver’s license. If you’ve been charged with DWI and are under 21, you may still have the same penalties as someone over 21.

You may face other alcohol-related charges, too, such as Minor in Possession (MIP) or charges for possessing a fake ID. And just like adults, minors with multiple DWI charges will face enhanced penalties.

What to do if you were charged with underage DWI

Because the penalties for an underage DUI or DWI are so stiff, it’s crucial to call a St. Louis DUI defense lawyer as soon as you’re permitted a phone call. Your lawyer can work fast to protect you, from helping you secure bail out of jail to ensuring that any BAC testing, including a blood test, is above board and lawful.

Your attorney is your advocate, looking out for your interests, so it’s important to be honest with them so that they can craft the best defense in your case. They also explain how your case will unfold and what to expect at each step of the legal process.

Although each case is different, most St. Louis underage DWI cases proceed like this:

What will happen after your arrest

If you’re arrested and charged with minor DWI in Missouri, you’ll have an automatic license suspension. For minors, it’s referred to as a Zero Tolerance Suspension, a slightly different designation than the Administrative Suspension that adults have.

A Zero Tolerance Suspension is removed from your record when you turn 21, unlike an adult suspension which requires a few more steps to reinstate.

This is the first thing you can expect from your underage DWI, and it’s a penalty that’s assessed when you’re charged, not when you’re convicted. The suspension is for 90 days, but your lawyer may be able to argue for hardship driving privileges until your DWI hearing.

Case timeline

After your arrest, you will be scheduled to have a hearing for your charge. The juvenile criminal code in Missouri doesn’t apply to traffic offenses, which is what a DWI is considered. So, since the legal age to start driving in Missouri is 15, minors 15 and up will appear in the same court as an adult.

You have 15 days from the date you were arrested to request an administrative hearing regarding the suspension of your license. Your DWI lawyer St. Louis may argue to have your license remain valid until your hearing for the underage DWI charge.

At your hearing, your lawyer presents evidence on your behalf. If you have a felony underage DWI charge, though, we will prepare for a trial.

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Consequences of underage DWI

The penalties for an underage DWI charge depend on how serious the charge is – whether it’s a felony or a misdemeanor, and whether your actions caused injury or death to another person.

Underage DWI charges have the same penalties as those for offenders over 21 years old and can range from a third-degree misdemeanor to a Class C felony.

Criminal penalties

The penalties for an underage DWI charge, per Missouri’s Abuse and Lose Statute 302.400, are as follows:

First offense: license suspension up to 90 days, jail sentence up to six months, fines up to $1,000
Second offense: license suspension for one year (five years if the second offense is within five years of the first) and then an ignition interlock device for a minimum of six months, jail sentence up to one year, fines up to $2,000
Third offense: Class D felony charge, with a jail sentence of up to four years, fines up to $10,000, a license revocation of up to 10 years, and an ignition interlock device for minimum of six months
Fourth offense: Class C felony charge and a permanent felony charge on your criminal record

Civil penalties

In most cases, the 90-day license suspension for a first or second-time offense may be reduced to a restricted driving permit as long as the driver installs an Ignition Interlock Device (IID) on their vehicle. Other times, the judge may issue a 30-day license suspension and a 60-day IID period.

Before your license is fully reinstated, you may be ordered to participate in a Substance Abuse Traffic Offender Program (SATOP). You will be responsible for paying the program fees.

In some cases, especially for first-time offenders, the judge may impose a probation sentence instead of a jail term. As long as you comply with the terms of your probation, which often includes sobriety and participation in SATOP, you may be able to avoid jail.

Importance of hiring an underage DWI lawyer

Your chances of being sentenced to probation instead of jail and of having a restricted driving permit (along with the IID) instead of the full term of the license suspension increase significantly with the assistance of a skilled DWI lawyer in St. Louis.

DWI laws can be complex, and understanding what kinds of proof you need to present to the court to achieve a good outcome for your case is difficult if you are unfamiliar with Missouri DWI laws.

Your St. Louis DUI defense lawyer is your advocate in court, providing timely advice and preparing a case for your defense. Your lawyer also ensures that all court paperwork and motions are filed on time, including requesting the administrative hearing for your driver’s license suspension.

If you are charged with a felony, your lawyer prepares for your trial, including interviewing witnesses in your defense. At JCS Law, we have extensive resources to bring to bear on your behalf, including expert witnesses who may bring elements of your arrest and BAC testing into question.

How a skilled attorney helps minimize penalties

A plea bargain, negotiated by your DWI defense lawyer, is an agreement with the prosecutor wherein you plead guilty to a lesser charge. If you’re accused of a felony and facing prison, a savvy lawyer may be able to negotiate a plea arrangement or a misdemeanor charge instead. If you are charged with a misdemeanor underage DWI, your lawyer may be able to negotiate probation instead of jail.

Why work with JCS Law?

One mistake as a teenager shouldn’t have to follow you for the rest of your life as an adult. The legal team at JCS Law works with people who have been charged with DUI, DWI, and underage DWI in the greater St. Louis area.

We have many years of experience litigating DWI cases and a deep knowledge of Missouri statutes governing these charges.

Some of the ways that we can help your case include:

Challenging the legality or validity of the traffic stop
Questioning the results of a field sobriety test
Evaluating the condition of the breathalyzer test; the machine may have been poorly maintained
Contesting violations of your constitutional rights; the police may not have issued all the mandatory notices and warnings to you
Contending that the high BAC for your test was “mouth alcohol,” and therefore the results are invalid

Our experienced criminal defense lawyers explore all available avenues of defense on your behalf and strive for the best possible outcome for your underage DWI charge.

Let our underage DWI lawyers help you

Have you or your child been charged with an underage DWI? At JCS Law, we offer a free initial consultation for your case, so there’s no reason to delay seeking legal advice! Call us today at (314) 561-9690.