Blog Post


Summertime brings out the fun in all of us. Picnics, boating, lots of traveling by car.

Here are some things to keep in mind.

There are laws that regulate how much alcohol you can consume and legally drive a motor vehicle or operate a boat. And the enforcement of these laws can be erratic.

You should know that if you have a blood/alcohol content of .08 or above it is a presumption that you are intoxicated. This presumption can be overcome but it is difficult to do. The law in the state of Missouri says that it is a violation to operate a motor vehicle or boat when under the influence of alcohol or drugs.

Here are some things to remember.

First of all, if you are consuming more than 2 alcoholic beverages per hour you are probably going to be over the limit.

Next, the amount you eat is not going to have enough effect on you blood/alcohol limit to make a difference. Don’t think that you can “eat” your alcohol away. It is the amount of alcohol you have consumed, not the amount of food that is important.

You do not have to perform the field sobriety tests. That is the one where you watch the pen being passed before your eyes, the walk and turn test and the one leg stand. Don’t do them. Just politely say, “No.” If the officer wants you to do those tests he or she probably already suspects you are intoxicated.

Let’s talk about breath tests. If you are on the side of the road, or in your boat and the officer wants you to blow into a small, hand-held device about the size of a cell phone, you can refuse and nothing will happen to you.

If you are arrested and the officer reads a statement to you that says if you do not consent to a breath, blood, saliva or urine test, and you refuse, your license will be immediately revoked. You will have to fight to get it back. It can be done. But you should know that by refusing you will be revoked. You can be asked to take two separate tests.

There is no right answer as to whether you should take the test or not. You have to decide what is best for you at the time.

If you are arrested and charged, whether you take the test or not, you need to call and come see me right away. There are things we can do to save your license if you get in to see me within days after your arrest.

I have a blood/alcohol calculator I will send you if you respond to this email and put DWI in the subject line. I will need your current mailing address.