Legal Question in DUI Law in Missouri

My son is 31 and just got a dui. he has no record of anything, and was just over the legal limit.m What can he expect as a sentence


Asked on 8/16/09, 9:37 pm

2 Answers from Attorneys

Robert Curran Curran Law Firm

He needs an attorney immediately. He only has 15 days to respond to civil Dept of Revenue charge, if the police took his license and filed a DOR charge which they almost always do) or, without ever going to court, he'll have his license suspended immediately (for 3 months if it's his first time). He especially needs an attorney if his blood alcohol is right on the borderline, because those are the cases where an attorney can be most helpful. There may be technical problems with the breathalyzer. Was it properly tested before being used on him? Was the officer who gave the test properly certified to give it? Did they obey all the technical requirements, such as the 15-minute observation time necessary in order to comply with the Dept of Health rules, which are mandatory before the breathalyzer result can be put into evidence in court?

Typically no jail time on first offense, but I know nothing about his situation � was there a crash involved? Damage to property? Many more facts needed. A conviction (which is what he�ll get if he pleads guilty) is permanently on his driving record and, depending on what court he�s in, if you know how to do it, it may be possible to cut a deal which will enable him to keep it off his record completely. May have major job ramifications, especially if he is now or contemplated becoming a professional driver.

If you wish to discuss this to give me more information, you can call my office and I'll talk to you about it. I'm not allowed to put my phone number in here, but you can get it from my web site.

Rob Curran

Curran Law Firm

4608-B South Campbell Avenue

Springfield, MO 65810

www.CurranLawFirm.com

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Answered on 8/16/09, 10:04 pm
Michael R. Nack Michael R. Nack, Attorney at Law

I agree wtih the attorney from Springfield that your sone needs to hire an attorney immediately. There is a lot more to one of these situations than simply "what will be the sentence?" Have your son consult with an attorney in the geographical area where he was charged without further delay, and good luck.

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Answered on 8/18/09, 11:07 pm


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