Chris Combs and Steven Waterkotte discuss DWI and DUI cases, and ways to protect your future.
- How does a DUI/DWI affect professional licenses or certifications?
- What should you look for when hiring a DUI/DWI attorney?
- Can you still drive for work if you have a DUI/DWI?
- How can a DUI/DWI affect your employment?
- Are there different penalties for first-time and repeat offenders?
- How long does a DUI/DWI stay on your record?
- Can you refuse a breathalyzer or field sobriety test?
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Interview Transcript
Steve Waterkotte: I’ll handle the probation question first. Probation can vary. Typical probation length on a misdemeanor case, whether it’s DWI or anything, is typically two years, and that’s the max they can do on a misdemeanor. Speaking about DWI, you’re looking at a two year period of probation.
Here’s the reality of probation. Most folks, it’s scary. You think, “I’m gonna be on the side of the highway picking trash up. I gotta call my PO to drive to Illinois for an appointment.” Not the case on a misdemeanor probation.
The probation agency [is] overseeing the completion of these classes, community service. A court can’t do that, right? A court can’t function to oversee 10,000 people. They just don’t have the resources. So that’s farmed out to a probation agency.
Chris Combs: Let me piggyback just for one moment, because I think this is so important and sets us apart.
We try to give our clients, if these classes and things like this are necessary, every opportunity to get them done beforehand. So we can get limited probation. Then your only obligation on probation is just stay out of trouble. You don’t have to do these classes, because you’ve done everything upfront.
Scott Michael Dunn: Oh, nice.
Chris Combs: It shows you were proactive and took it seriously. It can help with your case too. But go ahead.
Steve Waterkotte: Overseeing the conditions of probation or your completion of classes. And then the most important part perhaps is don’t get in trouble, because that’s how you can ruin our work.
You’ll frequently hear judges say that after we’ve worked out a favorable plea deal on a first offense DWI. “Now the burden is on your shoulders. You have a period of two years.” Don’t get in trouble because almost always we’re able, on a first offense DWI, avoid a conviction from being on their record, avoid points from being on their driving record.
But again, the burden shifts to the client. They walk out of a courtroom, it’s on them. We provide them [with] all the information. We get them squared away with the probation, the classes. We say, “Now it’s on you. You stay out of trouble for two years. We’re good. This is not going on your driving record. You’re not incurring the points. You don’t have a conviction on your record.”
They know when they leave, it’s then on them. That’s another component of the probation function is if they were to get in trouble – whether [it’s] a St. Louis case or you’re in Nebraska or Oklahoma or Lake of the Ozarks – you get police contact, an arrest, it’s going to be flagged. The probation agency then reports it back to the court and says, “Joe Smith got arrested out in Kansas City.” Then he’ll be summoned back in court on the original case we handled for him.
Chris Combs: So the way that works is if you’re on probation and you do pick up a new arrest, then, like Steve said, not only do you ruin all our good work, we go right back to the sentencing phase. What happens is the court – meaning the judge or the prosecutor – file motion to revoke your probation. We go right back to the drawing board. We can’t relitigate the case, but we have to go right back to square one on sentencing.
Steve Waterkotte: It reopens sentencing.
Chris Combs: Yes.
Steve Waterkotte: You’re back and being resentenced. Depending on the nature of the arrest. If it were a similar offense, DWI – which we’ve had many clients on probation for DWI get an DWI. That’s a whole can of worms to then navigate.
Stay out of trouble, complete your classes. It’s as simple as that. And you won’t have any issues with the probation folks. On a misdemeanor probation, you’re not calling and saying, “Hey, I’m going to Cancun next week.”
Chris Combs: You’re not taking drug tests.
Steve Waterkotte: You’re not doing any of that.
Chris Combs: It’s not the Missouri Board of Probation and Parole.
Steve Waterkotte: Felony probation is a little different. But for a first [or] second offense, misdemeanor probation, that’s kind of the function of probation.
Complete your classes or requirements, stay out of trouble and you’re not gonna have any issues.
If you need Missouri’s leading criminal defense team to defend your rights and freedom, speak to a criminal defense and DWI/DUI attorney today at (314) 900-HELP or contact us online for a free case review.
