Driving while intoxicated–sentencing restrictions. 


1. A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

2. The offense of driving while intoxicated is:

(1) A class B misdemeanor;…

Missouri DWI Sentencing Law

When I went through my divorces, the grief process was less understood. At least it was with the circle of friends and the manly environment I was in. More than one person I knew told me I just needed to …

Grieving is normal during divorces

Updates from the past week:

Fortunately, I was in a position to help a couple of people. And that is what it is all about.

Veterans Practice:
* I am now one of only two VA accredited attorneys in Kirksville. …

Weekly Update

On Wednesday, October 13, 2016, Patrick Nolan received notification that his application for Department of Veteran’s Affair Attorney Accreditation is approved.

“It’s an honor to have another opportunity to help fellow veterans receive the much needed medical care and other …

Attorney Patrick Nolan Receives VA Accreditation

A DWI/DUI defense attorney needs to understand science. We know different volumes of expelled lung capacity, affected by different body temps, at differing pressures of force of blow, will directly affect the number and density of ethanol molecules in the …

Three ways Science Impacts the Breath Test

Dual process:

A Missouri DWI triggers two cases, one a criminal DWI and one a civil DWI administrative hearing. The criminal case is the prosecution against you for the alleged violation of Missouri’s laws against driving while intoxicated. The civil …

What to expect after you receive a DWI

If you take a breath test and the test result is .08% or above (.02 if you are under 21), the police officer will take your driver’s license and give you a temporary license and a hearing request form.  The …

Administrative Hearing

Blood tests can have a major impact on your DWI case. You and your attorney need to explore the circumstances of the blood test:

  • Was a warrant issued?
  • Was the warrant properly issued based on individualized circumstances?
  • How was the

Blood Test

The breath testing machine uses infrared light and a complicated computer program to determine what your breath alcohol level is. Then the breath alcohol level is converted to a blood alcohol level.

There are a number of issues with the …

Breath Testing

The observation period is critical to getting a valid blow on the breath test. It is also frequently overlooked by police officers. Prior to the breath test, an officer is required to conduct a 15-min observation/deprivation period.

This time is …

Observation Period