Drug DWI in Missouri
You can be arrested for a Drug DWI in Missouri based on an officer’s written opinion. That means you could face fines, jail time, and a hit on your background, making it challenging to find a job or home. By hiring driving under the influence of drugs (DUID) lawyer Anthony Bretz, you give yourself every fighting chance to protect your rights, future, and freedom.
For more than two decades, Anthony “Tony” Bretz has defended hard-fought cases throughout St. Louis, St. Charles, Jefferson, and Franklin Counties. He knows that drug DUI charges work differently from those involving alcohol allegations, and the differences matter.
We Defend Drug DWI Charges Throughout the St. Louis Area
Missouri's DWI law covers impairment from any drug, whether legal, prescribed, or illegal per RSMo § 577.010. Our state’s DUID laws focus on the “condition of impairment,” not on whether you were actually impaired. As you probably already know, there are many behaviors, medical issues, and environmental factors that could have caused you to be perceived as being in an intoxicated condition, rather than actually being under the influence of drugs.
Types of Drug DWI charges we defend throughout the St. Louis Area include:
● Marijuana DWIs
● Prescription drug DWIs
● Over-the-Counter (OTC) DWIs
● Drug possession charges
● Zero or low result breath test scores
You cannot present a prescription or medical marijuana card to defend your charges. Instead, drug DWI lawyer Anthony Bretz will hold prosecutors to their burden of proof. He will scrutinize every element of your charges to ensure they are defensible, including improper testing procedures, machine inaccuracies, scientific evidence, and health conditions, while safeguarding your rights as you endure the criminal justice system.
Drug DWIs in Missouri Are Not Open-and-Shut Cases
Missouri does not set a per se drug limit as it does in alcohol-related cases (such as a .08 percent limit). In its absence, the state will rely on the testimony and findings of a drug recognition expert (DRE), which, when examined carefully, relies on abstract, observational evidence rather than blood or breath test results. Prosecutorial evidence must prove that you were actually impaired, and not just positive for a specific drug in your system.
More specifically, prosecutors must have concrete, irrefutable evidence to secure a drug DWI in Missouri that speaks to the following facts:
● You were in an intoxicated condition
● The DRE has admissible evidence of this condition and the drug used
● The time at which you took the drug (if a test shows a positive result)
● The initial traffic stop was linked to a valid reason
● All procedures and testing devices were properly operated
What a Drug DWI Conviction Could Cost You
A drug DWI in Missouri carries the same penalties as an alcohol DWI. The consequences reach beyond the courtroom and increase with each prior offense if convicted. These types of charges can be classified as misdemeanors or felonies, with several grades that determine fines under RSMo § 558.002 and incarceration under RSMo § 558.011:
Your History | Charge Level | Possible Penalty |
|---|---|---|
Class B misdemeanor | Up to 6 months in jail and a fine up to $1,000 | |
Class A misdemeanor | Up to 1 year in jail and a fine up to $2,000; Including a mandatory 10 days in jail or 30 days of community service | |
Class E felony | Up to 4 years in prison and a fine up to $10,000; Including a mandatory 30 days in jail or 60 days of community service |
A conviction can also affect your driving privileges, ignition interlock device (IID) installation, criminal background checks, professional licenses, and insurance rates. Your freedom and future are on the line. Put your best defense forward, and consider having DWI drug lawyer in Missouri Anthony Bretz on your side.
How Bretz Legal Fights Drug DWI Charges
Bretz Legal always takes a personalized, tactical approach when defending drug DWIs in Missouri. If you hire DWI attorney Anthony Bretz to represent you, he will begin planning your defense from the first conversation through your final hearing. Anthony will test every piece of prosecutor evidence and build a case strategy around your goals and objectives.
Here is why you should hire Anthony Bretz to represent your case:
● You work directly with your DWI defense lawyer
● All evidence goes through rigorous scrutiny through a defensive lens
● Anthony updates you routinely throughout the entire process
● He attends every hearing with you
● He puts more than two decades of experience to work for you
You should not have to pay for a crime that prosecutors have no evidence of ever occurring. We will build your defense from the ground up while providing you with ongoing advice and legal counsel. Anthony Bretz will fight tirelessly for a favorable outcome on your behalf, including having charges dropped, dismissed, or reduced.
Schedule Your Free Drug DWI Consultation with Bretz Legal
A free consultation shows you where you stand, and some deadlines start right away: if you refuse a test, you generally have 15 days from the date of the revocation notice to challenge it in court. Talk with our drug DWI lawyer in Missouri at no cost by calling (314) 748-1770 or messaging us here.
Drug DWI in Missouri: Frequently Asked Questions (FAQs)
Do you have more questions in general about drug DWIs in Missouri? We have addressed a few common questions below. However, for personalized legal advice, always speak with a lawyer directly.
Can you get a DWI for marijuana if it's legal in Missouri?
Yes, you can get a DWI for marijuana even if it is legal in Missouri. A marijuana DWI in Missouri is still possible because legalization lets adults 21 and older use marijuana but does not allow driving under its influence. Police can charge you if they believe marijuana impaired your driving.
Can you get a DWI for taking prescription medication?
Yes, you can get a DWI for taking prescription medication. Missouri's DWI law applies to impairment from any drug, including medication you take exactly as prescribed, so a prescription is not a defense on its own. The state still has to prove the medication impaired your driving, and details like your dose, when you took it, and how long you have been on it can matter.
Is a drug DWI a felony in Missouri?
It depends upon the facts of a specific case when determining if a drug DWI is a felony in Missouri. However, it is usually classified as a misdemeanor for a first or second offense. Drug DWIs in Missouri can become a felony when you have two or more prior intoxication-related driving offenses, or when someone else is injured or killed.
St. Louis DWI Drug Attorney
With nearly 2 decades of experience, St. Louis DWI Drug Lawyer Anthony Bretz will fight to protect your license, freedom, and future.