The penalties for drinking and driving have become more severe, particularly for repeat offenders, who often face mandatory jail time. In many states, plea bargaining is restricted or banned in drunk-driving cases. Fines have increased and driver's license suspensions have lengthened. It is also harder to obtain a "hardship" license that allows a person only to drive to and from work. In this climate an experienced drunk-driving defense attorney is essential.
Understanding Missouri DWI Charges
In Missouri, driving while intoxicated (DWI) — known in some states as driving under the influence (DUI) — is a serious criminal charge that is best handled by consulting a knowledgeable criminal defense lawyer as quickly as possible.
At The Schellert Law Firm in St. Charles, we represent clients who have been accused of DWI. This section of our site provides information about drunk driving laws nationwide. For a free consultation with a Missouri attorney to discuss the specific facts of your case, contact us today.
Thank you for contacting The Schellert Law Firm LLC. Your message has been sent.
Call us now
or use the form below.
If you have been charged with drunk driving in Missouri, your driver's license will automatically be suspended unless you request a hearing within 15 days. Contact us to protect your license and begin the process of fighting your DWI charges with the help of a skilled defense lawyer.
If you refused a breath or blood test during a DWI stop, you could be facing significant consequences. St. Charles attorney Ryan Schellert is experienced at pursuing a variety of different options for helping clients fight these consequences.
The Use of Ignition Interlock Devices in Drunk-Driving Cases
Most states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock device is installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney at The Schellert Law Firm, L.L.C. in St. Charles, Missouri.
What is an Ignition Interlock Device?
An ignition interlock device is a small device (about the size of a cell phone) that is installed in a car that measures a person's BAC level. If a person blows into the device and it registers a BAC level that is above a certain amount, the car will not start. The driver must also give breath samples during the drive. This prevents an intoxicated person from having a sober friend blow into it in order to start the car so he or she can drive away. Ignition interlock devices use fuel-cell sensor technology to detect alcohol. Devices can record data such as the test results for alcohol levels, engine stops and starts and any attempts to tamper with the device.
Overview of Ignition Interlock Laws
Most states have laws regarding the use of ignition lock devices as a penalty in DUI (driving under the influence), DWI (driving while intoxicated) or drunk-driving cases. Of the states that have such laws, the majority of them give judges discretion to order the installation of interlock devices as a penalty for the first conviction. This means that the judge is not required to order that one be installed if a person is convicted of drunk driving, but may do so. Generally, the state will have laws that set forth how long the device must be used if the judge does order one be installed.
A few states make installation of an ignition interlock device mandatory upon conviction for certain types of DUI or drunk-driving offenses or under certain circumstances, such as:
- Repeat convictions (second or third offenses)
- High BAC levels
- BAC of over .15
- BAC of over .08
- DUI with a minor (under 16 years old) in the car
- After reinstatement of a driver's license
Potential Problems with Ignition Interlock Devices
The use of ignition interlock devices should curtail drunk driving and prevent individuals from driving when they are intoxicated. In addition, using them can help people who have been convicted of drunk driving show the court and prosecutors that they have stayed sober. However, there may be some potential problems with the use of such devices:
- False positives: The devices may detect alcohol if a driver has recently used mouthwash that contains alcohol or if a person has eaten certain baked goods containing sugar and yeast, which have been known to cause low alcohol levels.
- Malfunctions: The devices use complex fuel-cell technology, and there is a possibility that the device could malfunction resulting in incorrect readings.
- Shared vehicles: If the person who is required to use the ignition interlock device shares a car with a spouse or another person, that other person will need to use it as well.
In addition, generally, the offender must pay for the device. The cost usually includes an installation fee (about $100) and a monthly rental fee (about $75). The offender may have to use the device for three months, six months or longer depending on the state, the applicable law and the terms of the offender's sentence.
Conclusion
More states now have laws covering the use of ignition interlock devices in drunk-driving cases. However, these laws vary greatly in terms of the circumstances in which ignition interlock devices are used, how long they must be used and the people who are required to use them. If you have questions about the use of these devices, contact an experienced DUI/DWI attorney at The Schellert Law Firm, L.L.C. in St. Charles, Missouri.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
