The first 15 days after your arrest are critical. Here's what you need to do:

• Request an administrative hearing within 15 days - This is your only chance to fight your license suspension. Miss this deadline and your license automatically suspends.
• Contact a DWI attorney immediately - We can request the hearing for you and start building your defense right away.
• Write down everything you remember - Details about the stop, what the officer said and did, field sobriety tests, and any witnesses.
• Don't discuss your case - Anything you say can be used against you. Only speak with your attorney.
• Gather documentation - Get copies of your arrest paperwork, temporary driving permit, and any medical records if relevant.

The sooner you act, the more options we have to defend you.

Yes, but only temporarily. When you're arrested for DWI in Missouri, the officer typically takes your physical license and issues you a 15-day temporary driving permit. During these 15 days, you can drive normally.

What happens after 15 days depends on whether you requested an administrative hearing:

• If you request a hearing: Your driving privileges continue until the hearing and decision. This can give you 1-3 months of driving time.
• If you don't request a hearing: Your license suspends automatically on day 16. No driving at all.

After any suspension period begins, you may be eligible for a Limited Driving Privilege (LDP) to drive for work, medical appointments, and other essential purposes.

Missing the 15-day deadline has serious consequences. Your license will automatically suspend on the 16th day after your arrest—no hearing, no appeal, no second chance.

However, you still have options:

• Limited Driving Privilege (LDP): After 30 days of suspension (for BAC cases) or 90 days (for refusals), you can petition for an LDP to drive for essential purposes.
• Focus on the criminal case: Even if the administrative case is lost, we can still fight your criminal DWI charges and potentially get them dismissed or reduced.

This is why contacting an attorney immediately is crucial—we ensure all deadlines are met and all options are preserved.

In Missouri, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are essentially the same charge for adults. The legal terms are:

• DWI: Operating a vehicle while intoxicated by alcohol, drugs, or any controlled substance. This is the standard charge for drivers 21 and over.
• DUI: Sometimes used for minor drivers under 21 who have any detectable blood alcohol content (.02% or higher).

Missouri law defines intoxication as having a blood alcohol concentration (BAC) of .08% or higher, or being impaired to the point you cannot safely operate a vehicle. The penalties are the same regardless of whether it's labeled DWI or DUI.

A DWI conviction in Missouri stays on your criminal record permanently and cannot be expunged. This is one of the most serious consequences of a DWI conviction.

However, there's an important distinction:

• SIS Probation: If you receive Suspended Imposition of Sentence (SIS) probation and complete it successfully, you technically have no conviction on your record. This is why we fight hard for SIS in first-offense cases.
• Prior DWI lookback period: For purposes of determining if a new DWI is a first, second, or third offense, Missouri looks back at your entire lifetime. A DWI from 20 years ago still counts as a prior offense.
• Points on driving record: DWI points remain on your Missouri driving record permanently, though insurance companies typically only look back 3-5 years.

This permanent impact is exactly why you need experienced defense counsel fighting from day one.

First-offense DWI in Missouri is a Class B misdemeanor. Potential penalties include:

• Jail time: Up to 6 months
• Fine: Up to $1,000 (plus court costs)
• License suspension: 30 days hard suspension + 60 days restricted
• Probation: Typically 2 years
• SATOP: Substance Abuse Traffic Offender Program (alcohol education)
• Ignition interlock: May be required for reinstatement or Limited Driving Privilege
• SR-22 insurance: High-risk insurance for 2 years
• Victim impact panel: Attendance required

However, these are the maximum penalties. With effective defense representation, many first-time offenders receive SIS probation (no conviction), reduced charges, or even dismissal. Each case is unique, and outcomes depend heavily on the specific facts and your attorney's ability to negotiate or win at trial.

DWI becomes a felony in Missouri under these circumstances:

• Third DWI offense (Class E felony): Two or more prior DWI convictions makes the third a felony, punishable by up to 4 years in prison
• Fourth or subsequent DWI (Class D felony): Three or more priors makes it a Class D felony with up to 7 years in prison
• Aggravated DWI with injury: If someone is seriously injured due to your intoxication, it becomes a Class D felony (up to 7 years)
• DWI with death (involuntary manslaughter): If someone dies as a result, it's a Class C or B felony (5-15 years or more)
• Child endangerment: DWI with a child under 17 in the vehicle can be charged as a felony in certain circumstances

Felony DWI charges require immediate, aggressive defense representation. The consequences extend far beyond penalties—you're looking at prison time, loss of voting rights, firearm restrictions, and severe employment limitations.

DWI cases typically take 3-9 months to resolve, though complex cases can take over a year. The timeline depends on several factors:

Administrative hearing (license): Usually scheduled 30-45 days after your arrest if requested within 15 days. Decision comes within 1-2 weeks of the hearing.

Criminal case timeline:

• Arraignment: 2-4 weeks after arrest. You enter your plea (almost always not guilty initially).
• Discovery period: 30-90 days. We obtain police reports, videos, test results, and other evidence.
• Pre-trial conferences: Multiple court dates over several months for negotiations and motions.
• Motions to suppress: If we challenge evidence, motion hearings can add 1-3 months.
• Trial: If the case goes to trial, it's typically scheduled 6-9 months from arrest.

Many cases resolve before trial through negotiations. Simple cases with favorable outcomes might conclude in 3-4 months, while cases involving motions to suppress evidence or trial preparation can extend to 9-12 months or longer.

Whether to take your case to trial depends on several factors. We recommend trial when:

• The evidence is weak: Problems with the stop, BAC testing, or officer testimony
• Constitutional violations occurred: Illegal search, improper stop, or rights violations
• You're factually innocent: You weren't intoxicated or weren't driving
• The offer isn't acceptable: Prosecutor won't offer a reasonable plea deal
• You have nothing to lose: Already facing maximum penalties anyway

We recommend plea negotiations when:

• Strong evidence against you: Clear video, high BAC, failed tests
• Good deal offered: SIS probation, reduced charges, or minimal penalties
• Risk vs. reward doesn't favor trial: Trial conviction would mean harsher penalties than the plea offer

Approximately 90-95% of DWI cases resolve through plea negotiations, but we prepare every case as if it's going to trial. This preparation gives us leverage in negotiations and ensures we're ready if trial becomes necessary.

SIS (Suspended Imposition of Sentence) is the best possible outcome for a DWI case besides dismissal. Here's how it works:

What is SIS?

With SIS probation, you plead guilty but the court doesn't enter a conviction. Instead, you're placed on probation (typically 2 years). If you complete probation successfully without violations, the case is closed with no conviction on your record. It's as if the DWI never happened for most purposes.

Benefits of SIS:

• No conviction on your criminal record
• You can honestly say you've never been convicted of DWI (for most employment purposes)
• Minimized long-term consequences
• Still counts as a first offense if you get another DWI

Requirements:

• Complete probation without violations
• Complete SATOP (alcohol education)
• Pay all fines and court costs
• No new arrests or violations
• May require ignition interlock, community service, or other conditions

Who's eligible? SIS is typically available only for first-time offenders with no aggravating factors. Getting SIS requires skilled negotiation with the prosecutor and demonstrating to the court that you deserve this second chance.

Yes, you can refuse, but there are significant consequences under Missouri's implied consent law.

Consequences of refusal:

• 1-year license revocation (longer than most BAC suspensions)
• 90-day hard suspension with no Limited Driving Privilege
• Your refusal can be mentioned at trial (though we can argue legitimate reasons for refusing)
• Subsequent refusals carry 5-10 year revocations

Potential benefits of refusal:

• No BAC evidence for prosecution to use
• Often results in weaker criminal case
• More leverage in plea negotiations
• Can avoid BAC-based enhanced penalties

Our take: The decision to refuse is personal and depends on your specific situation. If you've had very little to drink, taking the test might result in a BAC under .08%. If you've had several drinks, refusal might be strategic despite the license consequences. We've successfully defended hundreds of refusal cases.

You can still be charged with DWI even if your BAC is under .08%. Missouri law defines intoxication two ways:

• Per se DWI: BAC of .08% or higher (automatic legal intoxication)
• Impairment DWI: Impaired to the point you cannot safely operate a vehicle, regardless of BAC

If your BAC was under .08%, you should still face charges under the impairment theory. However, these cases are generally much easier to defend because:

• The prosecution must prove actual impairment (more subjective)
• No automatic presumption of intoxication
• Field sobriety tests become the primary evidence (which we can challenge)
• Prosecutors often offer better plea deals

We've had significant success getting under-.08 cases dismissed or reduced to non-alcohol traffic violations. The state has to prove you were actually impaired, which is difficult when your BAC is below the legal limit.

Breathalyzer tests are far from perfect. Multiple factors can affect accuracy:

Machine-related issues:

• Calibration problems: Machines must be calibrated regularly per strict schedules. Missed calibrations can invalidate results.
• Maintenance failures: Improper maintenance affects accuracy
• Software glitches: Technical malfunctions happen more often than you'd think

Biological factors:

• Mouth alcohol: Mouthwash, breath spray, dental work, or GERD can cause false highs
• Rising BAC: Your BAC might have been under .08% while driving but rose by testing time
• Medical conditions: Diabetes, ketosis, and acid reflux create false positives
• Diet factors: Low-carb diets, fasting can produce acetone that registers as alcohol

Procedural errors:

• 15-minute observation period: Officer must watch you continuously for 15 minutes before testing. Violations are common.
• Improper administration: Specific protocols must be followed exactly

We routinely challenge breathalyzer results by obtaining maintenance records, calibration logs, and officer training records. Many cases are won by exposing these test flaws.

A Limited Driving Privilege allows you to drive for essential purposes while your license is suspended. Here's the process:

Eligibility timeline:

• BAC suspension (first offense): Eligible after 30 days
• Refusal suspension (first offense): Eligible after 90 days
• Second or subsequent offense: Timing varies, may require ignition interlock

Requirements:

• SR-22 insurance: High-risk insurance coverage filed with the state
• Ignition interlock device: Required in most cases (breathalyzer in your car)
• SATOP enrollment: Must be enrolled or completed
• Petition filing: Formal request filed with the court
• Filing fees: $45 reinstatement fee plus court costs
• Proof of need: Documentation of work schedule, medical appointments, etc.

What you can drive for:

• Work commute and job duties
• Medical appointments
• Court-ordered programs (SATOP, etc.)
• Children's school and daycare
• Alcohol treatment programs

We handle the entire LDP process for our clients, typically obtaining privileges within 30-45 days of eligibility. This keeps you working and fulfilling family obligations during your case.

An ignition interlock device (IID) is essentially a breathalyzer installed in your vehicle. You must blow into it before the car starts and periodically while driving. If it detects alcohol, the car won't start.

When it's required:

• To obtain a Limited Driving Privilege (LDP) in most cases
• For license reinstatement after a DWI conviction
• Mandatory for all second and subsequent DWI offenses
• May be required as a condition of probation
• Required for high BAC cases (.15% or higher in some jurisdictions)

How it works:

• Professional installation by certified provider ($75-150)
• Monthly monitoring fees ($60-100)
• Random rolling retests while driving
• All tests recorded and reported to the state
• Violations (missed tests, positive tests) reported to your probation officer

Duration:

• First offense: Typically 6 months to 1 year
• Second offense: Minimum 5 years
• Third offense: Minimum 10 years

While inconvenient and expensive, the IID allows you to drive legally. It's far better than losing your license entirely. We help clients understand the requirements and connect them with approved providers.