What Happens After a DWI Arrest in Missouri?

Case

Apr 28

Getting pulled over and arrested for DWI in Missouri is a frightening experience, and most people have no idea what comes next. Understanding the process can help you make better decisions and avoid mistakes that make things worse.

The Arrest and Booking

After a traffic stop where the officer suspects impairment, you will typically be asked to perform field sobriety tests and submit to a breathalyzer or blood test. If the officer has probable cause, you will be placed under arrest, transported to a station, booked, and either held or released.

Missouri is an implied consent state. That means by driving on Missouri roads, you have already agreed to submit to chemical testing. Refusing the test triggers an automatic one-year license revocation, separate from any criminal penalties.

Two Separate Cases

Most people do not realize that a Missouri DWI creates two separate proceedings. The first is the criminal case in court, where you face the actual DWI charge. The second is an administrative case with the Missouri Department of Revenue, which controls your driving privileges. You have only 15 days from the date of arrest to request an administrative hearing to fight the license suspension. Missing that deadline means an automatic suspension.

What Happens in Court

Your first court appearance is the arraignment, where the charges are formally read, and you enter a plea. This is followed by a discovery phase where your attorney reviews evidence, police reports, and test results. Many DWI cases are resolved through negotiation before trial, but if a fair resolution cannot be reached, the case proceeds to trial.

Missouri DWI Penalties at a Glance

Note: Penalties increase significantly with a BAC of 0.15% or higher (mandatory 48-hour minimum jail for a first offense) or 0.20% or higher (mandatory five days). Aggravating factors such as minors in the vehicle or prior history also affect sentencing. A persistent DWI offender (two or more prior alcohol-related offenses) faces felony charges. This table is general information, not legal advice specific to your case.

How We Defend DWI Cases

• Challenging the legality of the traffic stop itself

• Questioning field sobriety test administration and accuracy

• Challenging breathalyzer calibration, maintenance records, and operator certification

• Examining blood draw procedures for chain-of-custody and protocol violations

• Negotiating for reduced charges such as careless driving or traffic infractions

• Representing you at administrative hearings to fight license suspension

• Filing motions to suppress improperly obtained evidence

The 15-Day Administrative Deadline

Most people do not realize that a Missouri DWI creates two separate proceedings. The criminal case is handled in court. But your driving privileges are controlled separately by the Missouri Department of Revenue. You have only 15 days from the date of arrest to request an administrative hearing to challenge the license suspension. Missing that deadline results in an automatic suspension, regardless of what happens in the criminal case.

This is one of the most important reasons to contact an attorney immediately after a DWI arrest. Mark handles both the criminal and administrative sides of every DWI case.

Serving St. Louis and Surrounding Communities

Lee Law Firm represents clients facing DWI charges throughout the St. Louis metropolitan area, including St. Louis City and County, Richmond Heights, Clayton, University City, Maplewood, Webster Groves, Kirkwood, Brentwood, Overland, Florissant, Ferguson, and surrounding Missouri communities. Wherever your arrest occurred, we are ready to help.

Do Not Wait

Evidence degrades, witnesses forget, and the 15-day administrative deadline does not wait. The earlier you have an experienced attorney working on your case, the more options are available to you.

Call (314) 708-1720 today for a free, confidential consultation.

Mark Lee