A DUI arrest can create immediate concerns about your driver’s license, employment, criminal record, finances, and future.
Although many people call the offense “DUI,” Missouri law generally uses the term driving while intoxicated, or DWI. Under Missouri law, a person commits DWI when that person operates a vehicle while in an intoxicated condition.
An arrest is not the same as a conviction. However, it is important to act quickly because a Missouri DWI arrest may begin both a criminal court case and a separate driver’s-license proceeding.
What Happens During a DWI Arrest?
The exact process depends on the circumstances, but a DWI investigation may include:
- A traffic stop
- Questions from the officer
- Field sobriety exercises
- A breath, blood, or other chemical test
- Arrest and transportation
- Fingerprinting and booking
- Issuance of a citation or summons
- Release on bond or other conditions
Do not resist the officer or attempt to argue the entire case at the roadside. The legality of the stop, arrest, and testing procedures can be reviewed later.
A DWI Arrest May Create Two Separate Cases
A Missouri DWI arrest can lead to:
- A criminal case filed in court.
- An administrative driver’s-license case handled through the Missouri Department of Revenue.
These proceedings are related but separate. The outcome of one does not necessarily determine the outcome of the other.
This means you could face a license suspension even while the criminal charge is still pending.
What Happens to Your Driver’s License?
The arresting officer may take your Missouri driver’s license and provide a temporary 15-day driving permit.
A driver generally has 15 days from the date the notice of suspension or revocation is issued to request an administrative hearing. If no hearing is requested before the deadline, the driver may lose the opportunity to challenge the administrative action through that process.
Because the deadline is short, it is important to review the notice immediately.
How Long Can a License Suspension Last?
The Missouri Department of Revenue states that an administrative alcohol arrest may result in:
- A 90-day suspension when there has not been a qualifying alcohol- or drug-related action during the previous five years.
- A one-year revocation when the person has a qualifying prior conviction or suspension during that five-year period.
Eligibility for restricted driving privileges or other relief depends on the person’s history and the type of license action.
What Happens if You Refuse a Chemical Test?
Missouri’s implied-consent process can impose separate consequences when a driver refuses a properly requested alcohol or drug test.
The Missouri Department of Revenue states that a test refusal may result in a one-year revocation of the person’s driving privilege. A refusal case also follows a different review procedure from a standard administrative alcohol suspension.
Refusing the test does not necessarily prevent prosecutors from filing a criminal DWI charge.
What Happens in the Criminal Case?
The criminal process may include several stages.
Initial appearance or arraignment
The court identifies the charge and addresses issues such as legal representation, release conditions, and future hearing dates.
Review of the evidence
A defense attorney may review:
- Police reports
- Body-camera recordings
- Dash-camera recordings
- Breath-test results
- Blood-test reports
- Equipment maintenance records
- Witness statements
- Dispatch recordings
Pretrial motions
The defense may challenge whether:
- The officer had a lawful basis for the stop.
- There was probable cause for the arrest.
- Testing procedures were followed.
- Statements or evidence should be admitted.
- The chemical test was reliable.
Negotiation or trial
The case may be resolved through dismissal, a negotiated disposition, or trial. The best approach depends on the evidence, the person’s history, and the potential consequences.
Is a First DWI a Felony in Missouri?
A DWI is generally classified as a class B misdemeanor when no enhancement applies.
It can become a class A misdemeanor when the accused is a prior offender or when a person younger than 17 was in the vehicle. Repeat offenses, injuries, deaths, and other aggravating circumstances can increase the charge to a felony.
The classification depends on the allegations and the defendant’s prior record.
Possible Consequences of a DWI Conviction
Depending on the circumstances, a conviction may lead to:
- Jail
- Fines and court costs
- Probation
- License suspension or revocation
- Substance-use assessment or treatment
- Community service
- Ignition-interlock requirements
- Increased insurance costs
- Employment consequences
- Professional licensing concerns
The possible outcome depends on factors such as prior convictions, test results, whether an accident occurred, and whether anyone was injured.
Can a DWI Charge Be Defended?
Yes. An arrest does not automatically establish guilt.
A defense attorney may investigate:
- Whether the traffic stop was lawful
- Whether the officer properly administered field sobriety exercises
- Whether body-camera footage supports the officer’s report
- Whether breath-testing equipment was maintained and operated correctly
- Whether a blood sample was collected and stored properly
- Whether a medical condition affected the observations or results
- Whether the prosecution can prove the person was operating the vehicle
Every DWI case requires an individual review. A defense that applies in one case may not apply in another.
Frequently Asked Questions
Is a DWI arrest the same as a conviction?
No. An arrest is an accusation. The prosecution must still prove the criminal charge or obtain a guilty plea.
Can my license be suspended before the criminal case is finished?
Yes. The administrative driver’s-license process can move separately from the criminal court case.
How long do I have to request an administrative hearing?
In many administrative alcohol cases, the hearing request must be submitted within 15 days after the notice is issued.
Can a first DWI result in jail?
Potential penalties depend on the charge, test results, criminal history, and court outcome. A first DWI is generally a class B misdemeanor when no enhancement applies.
Should I speak with an attorney immediately?
Yes. Driver’s-license deadlines can begin at the time of arrest, and evidence should be reviewed as soon as possible.
Speak With Gartner Law Firm After a DWI Arrest
A DWI accusation can affect your license, freedom, finances, and future. You do not have to navigate the court and administrative processes alone.
Gartner Law Firm helps Missouri clients understand the charges against them, evaluate the evidence, and identify the strongest available next steps.
Book an appointment with Gartner Law Firm or call (636) 397-2111 to discuss your DWI case.
