Not just any lawyer should represent you in your DUI. You need an experienced DUI lawyer who is aware of the changes in the law. For example, House Bill 1695, effective August 28, 2010, changed the laws regarding repeat alcohol offenders and drivers with high blood-alcohol levels, including the laws that affect a person’s driving privilege. Among other changes, the law:
Creates a centralized reporting database to track all driving-while-impaired offenses, from arrest to disposition;
Prevents municipal courts from hearing an intoxication-related case if the offender has two or more “intoxicated-related” offenses, or two or more “alcohol-related” offenses;
Establishes DWI courts to facilitate treatment for repeat offenders and drivers with high blood-alcohol levels;
Establishes criteria for qualifying participants and graduates of a DWI court program to obtain a court-ordered limited driving privilege;
Prohibits a first alcohol-related driving offense from being expunged from a person’s record if the person has another alcohol-related contact on record, or another alcohol-related action pending
Section 302.309.3(9) now allows a DWI Court to grant a limited driving privilege to a participant or graduate of the program who may otherwise be ineligible for limited driving privilege. If you are granted a limited driving privilege by the DWI Court, the Department of Revenue will update your driving record to show the limited driving privilege.
The new law specifies that a convicted drunk driver with a blood alcohol content (BAC) of 0.15% or more will not be eligible for a suspended imposition of sentence. For a first offense, a driver with a BAC between 0.15% and 0.20% will serve at least two days in jail and driver with a BAC above 0.20% will serve a minimum of five days unless they complete a court-mandated treatment program.
If you have received a DUI, contact Michelle immediately to protect your rights. Waiting even a few days can cause you to lose the right to appeal a suspension.