How to Defend Against a DWI in Missouri

Being charged with a DWI (Driving While Intoxicated) in Missouri is a serious legal matter that can impact your job, license, finances, and freedom. But it’s important to remember: a charge is not a conviction. If you’ve been arrested for a DWI, you have legal rights, and you have options. With the right defense strategy and a knowledgeable DWI attorney, you may be able to reduce or even dismiss the charges against you.

In this article, we’ll explore what a DWI charge in Missouri entails, what penalties you may face, and most importantly, how you can fight the charge and protect your future.

What Is a DWI in Missouri?

Under Missouri law, a DWI occurs when a driver operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the threshold is 0.04%, and for drivers under the age of 21, it’s 0.02%. Additionally, a person can be charged with a DWI even if their BAC is under the legal limit, as long as their ability to drive is impaired by alcohol, drugs, or a combination of both.

What Are the Penalties for a DWI in Missouri?

DWI penalties in Missouri vary based on prior offenses, BAC levels, and aggravating factors. Here’s a breakdown:

First Offense (Class B Misdemeanor)

• Up to 6 months in jail
• Fine up to $1,000
• License suspension for 90 days (30-day suspension followed by 60-day restricted license)
• Possible requirement of an ignition interlock device (IID)

Second Offense (Class A Misdemeanor)

• Up to 1 year in jail
• Fine up to $2,000
• 1-year license revocation
• Mandatory IID installation

Third Offense (Felony DWI)

• Up to 4 years in prison
• Fines up to $10,000
• 10-year license denial

These penalties become even more severe if you are involved in an accident that causes injury or death, or if a minor is in the vehicle at the time of arrest.

Immediate Steps After a DWI Arrest

If you’ve been arrested for a DWI, take the following steps immediately:

1. Contact a criminal defense lawyer: Don’t answer any police questions without your lawyer present.
2. Request a hearing: You only have 15 days to request an administrative hearing to challenge your license suspension.
3. Document everything: Record details about the arrest, field sobriety tests, and anything unusual about the police conduct.

Defending Against a DWI Charge

Your defense attorney will analyze the facts of your case and may use one or more of the following strategies to defend you:

1. Challenging the Traffic Stop

The police must have a valid reason to pull you over. If they lacked probable cause, your entire case could be dismissed.

2. Questioning the Field Sobriety Tests

Field sobriety tests (like the walk-and-turn or one-leg stand) are not always accurate and may be affected by medical conditions, nerves, poor balance, or even the weather.

3. Breathalyzer Accuracy

Breath tests must be administered properly and maintained regularly. If the machine was not calibrated correctly or the officer was untrained, the results can be challenged in court.

4. Rising BAC Defense

It’s possible your BAC was below the legal limit while driving but rose above 0.08% by the time the test was administered. Your lawyer may argue that you were not intoxicated at the time you were actually driving.

5. Blood Test Protocols

If you underwent a blood test, the prosecution must prove the chain of custody and proper handling. Any mistakes could make the test inadmissible.

6. Medical Conditions

Conditions like diabetes, acid reflux, or certain medications can affect BAC readings or mimic intoxication symptoms. These can be used as a valid defense in court.

Why You Need a DWI Defense Lawyer

A DWI conviction can follow you for years. But with a skilled DWI defense attorney, you can potentially avoid jail time, keep your license, and prevent a conviction from going on your record. Your lawyer can:

• Investigate the circumstances of your arrest
• Challenge the evidence presented against you
• Negotiate reduced charges or penalties
• Represent you in DMV hearings and criminal court

Don’t try to handle a DWI case alone. The legal system is complex, and the consequences are too serious to risk.

What Happens If You’re Convicted?

If convicted, a DWI goes on your criminal record. You may lose your driving privileges, pay thousands in fines, and even face incarceration. It can affect your job prospects, professional licenses, and ability to secure loans or housing. Missouri also uses a points system—8 points for a first DWI—which can increase your insurance rates drastically.

Final Thoughts

If you’ve been charged with a DWI in Missouri, you are not alone. Every case is different, and with the right defense, you have a real chance at minimizing the impact on your life. From challenging the legality of the traffic stop to exposing errors in chemical testing, your defense attorney will fight to protect your rights and your future.

Contact a trusted Missouri DWI defense lawyer today and take the first step toward putting this charge behind you.