DWI with drugs lawyer in St. Louis, MO

In the state of Missouri, when you are accused of drunk driving, you can face driving while intoxicated (DWI) charges. However, you can be charged with a DWI for not only driving under the influence of alcohol but consuming illegal drugs or prescription medications that affect your reaction time as well. You may need the legal guidance and support of a DWI with drugs lawyer in St. Louis, Missouri.

Our experienced criminal defense team at JCS Law is here to help you craft a compelling defense strategy and avoid the harsh criminal penalties associated with a conviction. With help from an aggressive St. Louis DWI lawyer, you can protect your future. Contact our office for an initial consultation today to learn more about how DWI charges work, which defenses are most suitable for your case, and the consequences you could face if you are found guilty.

How can a DWI with drugs lawyer help me?

Driving under the influence of drugs (DUID) is one of the most serious offenses you can face. The criminal penalties may not be as harsh as assault or homicide, but the impact can have a substantial effect on your life. You need a Missouri DUI lawyer to help you defend yourself and achieve the best possible outcome. You can rely on our criminal defense attorneys to:

• Allow you to tell your story
• Open up an in-depth investigation into the charges against you and collect valuable evidence to support your case
• Make sure you understand the charges you are facing in the potential consequences of a conviction
• Review the details of your case to consider your defense options
• Determine whether any of your rights have been violated
• Look for inconsistencies and incomplete elements of the charge in the prosecutor’s case
• Work with the prosecuting attorney to determine whether pretrial diversion is an option for your case
• Present a compelling defense in plea negotiations
• Present a compelling defense at trial

Our team will work tirelessly to challenge the prosecutor’s case against you so you can avoid the devastating impact of a guilty verdict. This offense should not haunt you forever. Even if you made a regrettable mistake, our team is here to help you through these difficult times and get the charges against you reduced or dismissed entirely.

Who are drug recognition experts (DREs)? What will they do to get evidence against me?

According to the Missouri DUID statute, drug recognition experts are responsible for assessing individuals who are suspected to be impaired or under the influence of drugs or alcohol. DREs are certified by the International Association of Chiefs of Police (IACP). To obtain evidence against you, they must follow specific testing protocols hoping to identify whether you are under the influence of a controlled substance or alcohol.

The DRE process in Missouri

Here is the process DREs use to identify intoxication or impairment:

Eliminate the possibility of alcohol intoxication

First, the responding officer will attempt to eliminate the possibility of alcohol intoxication. The officer who stopped you may request that you submit to a breathalyzer test and determine what your breath alcohol concentration (BRAC) levels are. If BRAC test results do not determine impairment, the responding officer will request an evaluation by a DRE.

Interview and eliminate health concerns

The DRE will be called to the scene and conduct an interview with you to eliminate the possibility of health concerns causing reckless driving or signs of impairment or intoxication. You can expect the DRE to ask you questions about your appearance, driving patterns, and behavior at the time of the traffic stop. They may also ask you questions about your food and beverage consumption, overall health, and whether you are taking any over-the-counter or prescription medications.

Conduct eye and field sobriety tests

Next, you can expect the DRE to conduct field sobriety and eye tests. They may use the vertical gaze nystagmus test, horizontal gaze nystagmus test, and lack of convergence to check your eyesight. DREs may then request you submit to one or more of the following types of field sobriety tests:

• Finger-to-nose test
• Walk and turn test
• One-leg stand test
• Modified Romberg balance test

Examine vital signs, pupil dilation, and muscle tone

Once the field sobriety and I tests are complete, you can expect the DRE to take your temperature, monitor your blood pressure, and take your pulse. These are your vital signs. The DRE will use various lighting conditions and an instrument called a pupilometer to determine the size of your pupils and whether they are normal, dilated, or constricted.

Certain types of drugs cause muscle facility and slack, while others cause rigidity. The responding DRE will conduct a muscle tone test which could suggest you have a controlled substance in your system.

Use the drug symptom matrix to determine which substances have been taken

Once the DRE has completed its evaluation, it will use the drug symptom matrix to identify whether you are under the influence of alcohol or impaired by a specific type of drug.

Have the driver submit to a urine, blood, or saliva test

Missouri is an implied consent state. All motorists give their implied consent to urine, blood, or saliva tests when under suspicion of driving under the influence of drugs or alcohol. When the DRE requests you submit to a chemical blood alcohol test, you should agree.

If you refuse to do so, you can expect your driver’s license to be automatically suspended or revoked for a minimum of one year, even if you are ultimately acquitted. It is better to agree to the chemical blood testing and have your attorney work on your defense strategy if the results are not favorable.

Possible defenses we can use in your case

There are many potential defense strategies that could be used depending on the specific details of your case. You can expect your criminal defense lawyer to carefully evaluate the arrest records and determine whether the officer who stopped you had probable cause in the first place. If they did not, your case could be dismissed due to a rights violation.

We will also need to consider whether DREs, the arresting officer, or lab analysts made mistakes in handling your case. If the DRE did not properly administer field sobriety or chemical blood alcohol testing, or lab analysts mishandled your BAC samples, we may be able to get the DUID charges against you dropped.

These are just a few potential defenses that could be used to challenge the DUI with drugs charges. We will have a better idea of how to approach your defense after conducting our investigation, reviewing the evidence, and negotiating with the district attorney prosecuting your case.

Recreational weed is legal in Missouri, but could I still be charged with DWI if I drive high?

Recreational marijuana is now legal in Missouri, but that does not mean it is legal to drive under the influence of cannabis. If you are found guilty of driving high, you will be charged with a class B misdemeanor. First-time offenders can expect their driver’s licenses to be suspended for a minimum of 30 days. You may also be required to pay fines up to $1,000, spend up to six months in jail, and be required to install an ignition interlock device (IID) at your own expense.

Arrested for DWID in St. Louis? We can help.

Driving while intoxicated or under the influence of drugs is a severe allegation. DWI with drug (DWID) charges can cost you your future. When you need help clearing your name of the accusations against you but you are unsure of where to begin, do not hesitate. Reach out to an experienced and aggressive St. Louis DWI attorney at JCS Law for a confidential consultation today. Schedule your free defense strategy session by filling out our confidential contact form or calling our office at (314) 561-9690.

Frequently asked questions about drugged driving in St. Louis

Can you be charged with a DWI for prescription drugs?

You can face DWID charges for prescription drugs if you were taking an over-the-counter or prescription medication that made you intoxicated or impaired. Even if you have a prescription for the medication you’re taking, you need to be able to drive safely while taking these medications. If you become impaired when taking them, you should not be driving. We may be able to get the charges against you reduced to a lesser offense if you did not know the medication you took would lead to the level of impairment that led to the traffic stop.

What are the penalties for a DWI with drugs conviction?

The penalties for a DWI with drugs will vary depending on your criminal record. If this is your first DWI, you will be charged with a class B misdemeanor, punishable by $1,000 in fines and up to six months in jail. However, if this is your second DWID offense, your charges will be increased to a class A misdemeanor, punishable by one year in jail, a mandatory minimum of 48 hours in jail, and fines of up to $2,000. Your driver’s license will more than likely be suspended as well.

With your third DWI offense, your charges are no longer classified at the misdemeanor level. You will be charged with a felony and could be required to pay fines as high as $10,000 and spend as much as four years in a Missouri state prison.

Does Missouri offer pre-trial diversion?

Yes. Pretrial diversion programs may be available depending on the type of charge you are facing and your criminal record. In many cases, if this is your first DWID case and no one was seriously injured, you may qualify for a pretrial diversion program.

You must prepare to meet the terms of the program or face criminal charges against you. You may be required to meet with a probation officer, attend drug or alcohol treatment programs, complete a driver training program, complete community service hours, agree to random drug or alcohol testing, and face other stipulations. Once you meet the requirements of the pretrial diversion program, the prosecutor will reduce your charges or dismiss them entirely depending on your plea agreement.