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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118175
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son has ticket with for DWI/DUI The police indicates this: Driving

Customer Question

My son has ticket with for DWI/DUI
The police indicates this:
Driving while intoxicatedevident by odor, admission of consumption, and poor performance; Failed to drive within a single lane.
The alcohol level is 0.11.
What penalty is he should expect?
Please describe all the possible fines and possibility of reducing the charge to a lower level.
He is a student at MZZOU and went to a club, and was stopped whle returning from it.
This is Missouri.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
Is this his first offense? Is he under 21?
Customer: replied 5 years ago.
First offence
Expert:  Law Educator, Esq. replied 5 years ago.
I'm sorry, is he under 21?
Customer: replied 5 years ago.
He is 22
Expert:  Law Educator, Esq. replied 5 years ago.
Thank you. For starters, this is a misdemeanor arrest, meaning he is going to have an arrest record from this occurrence, if he is convicted he will have to report that conviction on job applications and even rental applications. The charge is punishable by up to 6 months in jail and a fine of up to $500. Jail is not given in 99% of the cases for a first offense. He also received a 15 day temporary license which has instructions on filing an appeal and he needs to file that appeal with DMV regarding his license suspension as soon as possible to seek at least a hardship license. He is likely going to get a 12 month probation and suspended jail sentence plus the fine. But this is only on the criminal portion of the case.

MO also has an administrative punishment that is in ADDITION to the criminal penalty and that is a 30 day license suspension plus a 60 day restricted license for a total of 90 days. He will also have to attend a substance abuse DUI school at his expense.

This means your son needs to hire an attorney to try to keep his fines at a minimum and he needs to file the request for the suspension hearing before the 15 day license runs out and this will at the very least extend the time before his 30 day suspension begins.

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Customer: replied 5 years ago.
You say to reduce fees. What fees are possible except the fine of less than $500. If he does not want to reduce these $500, should he hire an attorney, which is way expensive?
Customer: replied 5 years ago.

I accepted by mistake. I kne all these things.

Expert:  Law Educator, Esq. replied 5 years ago.
I am sorry, we have no clue what people know or do not know unless they tell us, which you did not do in your initial question. The fact you say you knew all of this, means you know it all to be legally correct and the fact you did say "what penalty should he expect?" indicates you had some question about the penalty.

I am afraid your son is going to be making a big mistake here going alone without an attorney and not using an attorney because it is "way expensive" means he is going to typically end up with the maximum fine. Even if he cannot afford an attorney, he can qualify for a public defender at the very least.

As far as reducing the charge, chances of this are slim to none because Mothers Against Drunk Driving monitor all of these cases and with such a high blood alcohol reading the prosecutor will not reduce this charge in most all likelihood.
Customer: replied 5 years ago.
What is the maximum fine? You mean $500 or something hidden?
Expert:  Law Educator, Esq. replied 5 years ago.
There are costs involved here, such as the costs of the DUI substance abuse program (approximately $200), but the court and waive the $500 fine and can substitute community service instead of the money fine. Additionally, the MO court can add a requirement of installation of an ignition interlock device and monitoring, which costs up to $200 to install and has a monthly monitoring fee of up to $100 and can be ordered for up to 2 years upon reinstatement of the license. The interlock is used for people with high blood alcohol readings and your son's reading is right at the point where it is considered high. Thus, all of these fees add up and it is something that an attorney can seek to reduce.
Customer: replied 5 years ago.

Am I being charged for every accepted answer?

Expert:  Law Educator, Esq. replied 5 years ago.
You have only clicked on accept one time, so you have not been charged more than that one time and you are not expected to click accept each and every reply.
Customer: replied 5 years ago.
Did you give me full information about all sorts of fines?
Expert:  Law Educator, Esq. replied 5 years ago.
One other thing involved is he will need to submit proof of insurance through an SR-22, which means that the insurance rates he pays will increased rate for insurance. Another thing is each specific county court adds court costs to all other fines which can be $100 or so depending on the specific court.