Q&A

The following is a list of frequently asked questions raised by those arrested for DWI/DUI offenses:

  1. What signs of drunk driving do police officers look for on the highways?
  2. What is the officer looking for when I am stopped for a DWI?
  3. Why did the officer check my eyes?
  4. What happens if the officer never read me my rights?
  5. The officer took my license. How do I get it back?
  6. Can I represent myself?
  7. What is the punishment for drunk driving?
  8. What is a sentence “enhancement”?
  1. What signs of drunk driving do police officers look for on the highways?

    The following list includes actions indicative of operating a motor vehicle while intoxicated. The list is based upon research by the National Highway Traffic Administration.

    1. Turning with a wide radius
    2. Crossing or straddling the center lane marker
    3. “Appearing to be drunk”
    4. Almost striking an object
    5. Weaving
    6. Swerving
    7. Speeding
    8. Driving at a speed less than 10 mph below the posted limit
    9. Stopping without cause in a lane of traffic
    10. Following too closely
    11. Drifting
    12. Driving with tires on the center or lane marker
    13. Braking erratically
    14. Driving into opposing or crossing traffic
    15. Signaling inconsistently with driving actions
    16. Showing a slow response to traffic signals
    17. Stopping inappropriately
    18. Turning abruptly or illegally
    19. Accelerating or decelerating rapidly
    20. Driving with headlights off
  2. What is the officer looking for when I am stopped for a DWI?

    Officers can and often do testify in court as to their observations of the driver. Officers are allowed to express their opinions, based upon their training and experience, whether they believe the driver was intoxicated. Therefore, officers pay particular attention to all of the following conditions or factors:

    1. Flushed face
    2. Red, watery, bloodshot and/or glassy eyes
    3. Odor of alcohol on the breath
    4. Slurred speech
    5. Fumbling with wallet to get driver’s license
    6. Failure to comprehend the officer’s questions
    7. Staggering when exiting the vehicle
    8. Swaying or exhibiting instability
    9. Leaning on the vehicle for support
    10. Combative, argumentative, jovial or other “inappropriate” behavior
    11. Stumbling while walking
    12. Disorientation as to time or place
    13. Inability to follow directions
  3. Why did the officer check my eyes?

    An officer is usually performing the horizontal gaze nystagmus (“HGN”) test when he checks a person’s eyes. The HGN is a field sobriety test which has been accepted in Missouri for detecting whether a person may be intoxicated. The officer is checking for nystagmus or a jerking of the eye, which is exacerbated by the introduction of alcohol in a person’s system.

  4. What happens if the officer never read me my rights?

    People assume that an officer must read them their rights and if not the officer has done something wrong. An officer is not required to read a person their “rights.” An officer is only required to inform a person of their rights when the person is subject to custodial interrogation. However, an officer should advise you of your rights before asking you to take a blood alcohol test.

  5. The officer took my license. How do I get it back?

    The officer likely took your license to turn over to the Missouri Department of Revenue. The Missouri Department of Revenue requires that a person surrender their license prior to requesting an administrative hearing to challenge an administrative alcohol suspension. You may be able to secure the return of your license upon prevailing at an administrative hearing. However, even prevailing at the administrative level does not mean that the Department of Revenue will not take action to revoke your driver’s license, depending on the outcome of the court proceeding.

  6. Can I represent myself?

    Whether you can represent yourself is up to the Judge, although representing yourself is generally not a good idea. DWI laws are increasingly complex and the Missouri Legislature continues to make changes constantly, so what happened to your friend last year may not apply to you. DWI offenses are jailable.

    What can a lawyer do? Nothing if he is not qualified in this specialized field. An experienced attorney can review the case for defects, suppress evidence, discover and review maintenance reports for the breath machines, negotiate for a lesser or reduced sentence, obtain expert witnesses for trial, contest the administrative suspension, and more.

  7. What is the punishment for drunk driving?

    The punishment varies from state to state. Punishment may include fines, community service, ignition interlock devices, or more. Missouri has recently enacted laws to further punish repeat offenders. Most repeat DWI offenses involve the risk of jail, and repeat offenders may be subject to incarceration up to fifteen years in prison.

  8. What is a sentence “enhancement”?

    A sentence enhancement increases the penalty range from one class of misdemeanor to another, a misdemeanor to a felony, or from one type of felony to an increased felony. Missouri provides sentencing enhancement for repeat offenders. Recent changes in Missouri law have created two new felony classifications that did not exist prior to August 28, 2005.