DWI Lawyer in Union, MO
After a DWI arrest in Missouri, there are two cases moving at once. The criminal charge goes through the court. Your driver's license goes through the Department of Revenue, often with only 15 days to request a hearing. Whether you blew over the limit or refused the test, and whether your license was taken at the stop, Schmanke Law Firm represents drivers in Union and the surrounding area on both sides of a DWI as part of its criminal defense practice.
DWI, DUI, and what Missouri actually charges
Missouri's statute calls the offense driving while intoxicated, or DWI. Most people, and most websites, call it DUI. In Missouri they mean the same thing in everyday conversation, but DWI is the charge you'll see on your paperwork.
Under Missouri law, a person commits DWI by operating a vehicle while in an intoxicated condition. That can be based on alcohol, drugs, or both. Missouri also has a separate offense for driving with a blood alcohol content of .08 percent or more. A DWI charge doesn't always depend on a test number. It can also be based on the officer's observations, field sobriety tests, and other evidence.
The criminal case and your driver's license
The criminal case decides whether you're guilty of DWI and, if so, the sentence. It's handled by the court and the prosecutor.
The license case is handled by the Department of Revenue and runs on its own track. If your breath or blood test showed .08 percent or more, or .02 percent or more for drivers under 21, the Department can suspend or revoke your license even if the criminal charge is later dismissed or reduced. If the officer took your license, you probably received a Form 2385, a notice of suspension that also serves as a temporary permit for 15 days. You have 15 days from the date that notice was issued to request an administrative hearing. If no hearing is requested, the suspension takes effect and can't be challenged later.
When the suspension is upheld, its length depends on your record. With no alcohol-related offense or suspension in the past five years, it's generally a 90-day suspension, and you may qualify for restricted driving privileges. With one, it's generally a one-year revocation.
If you refused the test
Missouri's implied consent law requires drivers to submit to a chemical test when a law enforcement officer properly requests one. Refusing leads to a one-year revocation of your driving privilege, separate from what happens in the criminal case.
A refusal is challenged differently from a failed test. Instead of an administrative hearing, you file a petition for review in the circuit court of the county where you were arrested. The window to file is short. If the court grants a stay order, you may be able to keep driving while the petition is pending.
Refusing a test doesn't prevent a DWI charge. The prosecutor can still bring the case using other evidence, and the refusal itself may be used as evidence.
What the breath or blood test means
A breath or blood test result is evidence. It isn't automatically the end of the case either way. A result of .08 percent or more supports the separate BAC offense and the administrative license action. A result below .08 doesn't rule out a DWI charge, since intoxication can be shown through other evidence. How the test was given matters too. Missouri has rules for how breath tests are administered and how the equipment is maintained, and those records are part of what gets reviewed.
How your record changes the charge
A first DWI in Missouri is generally a class B misdemeanor, which carries up to six months in jail and a fine of up to $1,000. Those are the maximums, not a prediction. It becomes a class A misdemeanor if a child under 17 was in the vehicle.
Prior intoxication-related traffic offenses raise the charge. With one prior offense within five years, Missouri treats you as a prior offender, and the charge becomes a class A misdemeanor. With two or more prior offenses, the charge can become a felony, starting at class E. Each additional prior raises the class. A DWI that causes injury or death to another person is also a felony regardless of prior record.
Whether an older conviction counts, and which category you fall into, depends on the dates, the type of prior offense, and how it was resolved. That's worth sorting out early. If your charge is a felony, our Felony Defense page covers how those cases work.
What happens after the arrest
Most people are released with a ticket or summons listing a court date. Some have bond conditions. Our Criminal Defense page has more on bond and probation.
In the first two weeks, the most pressing deadline is usually the license one. After that, the criminal case moves on its own schedule. At the first court date, you'll typically enter a not-guilty plea while your lawyer gets the evidence. From there, the case may involve discussions with the prosecutor, motions, hearings, and possibly a trial. Many DWI cases take several months.
What your lawyer reviews
Paul starts by finding out why you were stopped. A traffic stop has to be based on a legal reason, and that's where the rest of the evidence begins.
From there he reviews the officer's report and the Alcohol Influence Report, any dash camera or body camera video, what you said during the stop, and how any field sobriety tests were given and scored. If there was a breath test, he looks at the testing records and the maintenance records for the equipment. If there was a blood test, he looks at how the sample was taken and handled. He also checks your driving record and any prior offenses, because those decide which charge applies.
The purpose is to know what the state can actually prove. Sometimes that turns up a real problem with the stop, the arrest, or the testing. Often it doesn't, and then the review shapes what a realistic resolution looks like. Either way, you'll get a straight explanation. If there's a plea offer, Paul will explain the sentence, the probation terms, and the effect on your license, and you decide whether to take it.
Frequently Asked Questions
Can you go to jail for a first DWI in Missouri?
A first DWI allows up to six months in jail, but that's the maximum. For a first offense, the court can grant a suspended imposition of sentence if you're placed on probation for at least two years. If your BAC was .15 percent or higher and a DWI court or treatment program is available in the circuit, completing that program may be required instead. If a suspended imposition of sentence isn't granted and the BAC was .15 percent or higher, Missouri law requires at least 48 hours of jail. Above .20 percent, it requires at least five days.
Can a DWI be dismissed?
Some DWI charges are dismissed or reduced, for example when the stop wasn't lawful, when test results can't be used, or when the evidence of intoxication is weak. That can't be known from the arrest alone. It depends on what the reports, video, and test records actually show.
Will I lose my license if I'm convicted?
A first DWI conviction generally results in a 90-day suspension, and you may be eligible for restricted driving privileges. A second intoxication-related conviction normally results in a one-year revocation, and a second conviction within five years may also bring a five-year license denial. Three or more convictions result in a ten-year denial.
Missouri law also requires an ignition interlock device for reinstatement in some cases, including many repeat offenses and cases with a BAC of .15 percent or more.
If my charge is reduced, does the license suspension go away?
Not necessarily. The Department of Revenue's administrative suspension for a failed test or refusal is separate from the criminal case. It can remain in place even if the charge is reduced or dismissed, which is why the license hearing deadline matters on its own.
Will a DWI stay on my record?
A DWI conviction stays on your driving record and criminal record. Intoxication-related driving offenses are excluded from Missouri's general expungement law. A separate law may allow some first alcohol-related driving offenses to be closed after a long waiting period, but many DWI convictions don't qualify.
Talk With a DWI Lawyer in Union
If you were arrested for DWI, schedule a free consultation at our Union office at 301 East Main Street. Appointments are also available at our Owensville office. Bring your ticket, any bond paperwork, and the license notice if the officer gave you one.