Local DUI Laws

When and Why DWI Charges Might Be Dropped in Missouri

After a Driving While Intoxicated (DWI) arrest in Missouri, many individuals wonder if the charges against them might be dropped. While a DWI arrest starts the legal process, it doesn’t guarantee a conviction. In fact, there are situations—though not common—where charges may be dismissed before reaching trial.

In Missouri, dropping DWI charges depends on several factors, most of which center around the strength and reliability of the evidence. Prosecutors are responsible for reviewing all aspects of the case to decide whether the evidence supports a formal charge and eventual conviction. If weaknesses are discovered—such as problems with how the arrest was conducted or how the evidence was collected—it’s possible that charges may be reduced or dismissed altogether.

It’s important to understand that the decision to drop charges rests solely with the prosecuting attorney. The person arrested can request a review, but they cannot force a dismissal. Each case is reviewed on its own merits, and even first-time offenders are not guaranteed leniency.

While charge dismissal is not the norm, it can happen in specific scenarios involving procedural mistakes, unreliable test results, or other legal issues. Understanding what can cause a case to unravel helps clarify when and why DWI charges might be dropped in Missouri.

Common Reasons DWI Charges Are Dismissed

In Missouri, DWI charges are most likely to be dropped when critical weaknesses exist in the evidence or procedures used during the arrest. Some of the most common reasons include:

• Improper traffic stop: If the officer lacked reasonable suspicion to initiate the stop, all evidence obtained afterward may be considered inadmissible.
• Faulty field sobriety tests: Field tests must be conducted according to standard procedures. Deviations or unclear instructions may weaken their reliability.
• Breath test issues: Malfunctioning equipment, incorrect calibration, or unqualified test administration can cast doubt on BAC readings.
• Lack of probable cause: If the arrest was made without sufficient evidence of impairment, the case may not hold up in court.
• Violation of rights: If a driver was not read their rights or was denied access to necessary information, procedural errors may justify dismissal.
• Unreliable witness testimony: Contradictory statements from officers or lack of supporting evidence can impact the case’s credibility.

In some cases, additional evidence—such as surveillance footage, dashcam video, or independent witnesses—may contradict the official account and weaken the prosecution’s argument.

If any of these issues are present and the case appears unlikely to succeed in court, prosecutors in Missouri may choose to drop the DWI charges rather than proceed with a weak case.

Prosecutorial Discretion in Missouri DWI Cases

One of the most important concepts to understand is prosecutorial discretion—the authority prosecutors have to decide whether to move forward with charges, reduce them, or drop them entirely.

In Missouri, prosecutors review all case materials after a DWI arrest, including:

• Police reports
• BAC test results
• Field sobriety test findings
• Officer observations
• Any video or audio recordings

If they determine that the evidence is insufficient or problematic, they may dismiss the case before trial or choose to offer a reduction of charges (such as a lesser traffic offense).

Prosecutors also consider broader factors, such as:

• Whether the individual has a prior criminal or DWI record
• Whether the offense involved an accident or injury
• The driver’s level of cooperation during the stop
• The overall reliability and completeness of the evidence

Although discretion gives prosecutors the power to drop charges, they rarely do so unless there is a strong legal or evidentiary reason. Simply hoping for leniency or presenting excuses is unlikely to result in dismissal.

Still, prosecutorial discretion provides a critical opportunity for certain DWI cases to be reviewed and potentially resolved without formal prosecution.

The Role of Evidence in DWI Charge Outcomes

Evidence plays a central role in determining whether DWI charges in Missouri are dropped, reduced, or pursued through to trial. In DWI cases, the most impactful pieces of evidence include:

• BAC test results: A reading of 0.08% or higher usually creates a presumption of impairment. However, if the test is shown to be unreliable or incorrectly administered, that presumption can be challenged.
• Field sobriety tests: These are often recorded and can be reviewed to see if procedures were followed properly. Performance can also be affected by non-alcohol-related conditions.
• Police reports and observations: Officer notes on speech, coordination, and behavior help form the basis of probable cause. Any inconsistencies or omissions can create openings for challenge.
• Video footage: Dashcam or bodycam footage can support or contradict written reports and test results.
• Witness statements: Testimony from passengers or bystanders may add context or challenge the officer’s narrative.

When evidence is incomplete, inconsistent, or mishandled, the prosecution may struggle to build a strong case. In such situations, dropping or reducing the charges becomes more likely—especially if the accused does not have a prior DWI record.

However, when evidence is strong, prosecutors in Missouri are unlikely to dismiss the case, even for a first offense.

Difference Between Dropped Charges and Reduced Charges

In Missouri, there’s a difference between having DWI charges dropped and having them reduced:

• Dropped charges mean the prosecution ends the case entirely. No trial takes place, and the arrest does not result in a conviction. The charge is effectively removed from the court docket.
• Reduced charges mean the original DWI is changed to a lesser offense, often as part of a plea agreement. Common reductions include reckless driving, improper lane use, or other traffic violations.

Prosecutors may offer reductions when the evidence is borderline, or when a defendant is cooperative, remorseful, and has no prior offenses. Reduced charges still result in a conviction, but with lighter penalties and fewer long-term consequences than a DWI.

While dropped charges are ideal, they are rare and usually only happen when the case is fundamentally flawed. Reductions are more common and often serve as a compromise between the state and the individual facing charges.

Understanding this distinction helps clarify the potential legal outcomes after a DWI arrest in Missouri.

Can First-Time Offenders Get DWI Charges Dropped?

Missouri does not automatically dismiss DWI charges for first-time offenders, but they may be more likely to receive favorable consideration. Prosecutors often look at:

• The driver’s criminal and traffic history
• The circumstances of the stop (e.g., no accident, cooperative behavior)
• The strength of the evidence
• Any issues with testing or arrest procedures

If a first-time offender has a clean record and the case has weak evidence or procedural flaws, the prosecutor might be open to dismissal or reduction of charges. However, even first-time cases are taken seriously due to the safety risks associated with impaired driving.

In some Missouri jurisdictions, diversion programs may be available for eligible first-time offenders. These programs typically require:

• Completion of alcohol education courses
• Community service
• A period without additional violations

Successful completion may lead to the case being dismissed or the charges being reduced. Availability varies by county and is subject to prosecutorial approval.

So while being a first-time offender does not guarantee that charges will be dropped, it can open doors to more favorable outcomes depending on the specifics of the case.

What to Expect If Charges Are Not Dropped

If DWI charges are not dropped in Missouri, the case proceeds through the criminal court process, which may include:

• Arraignment – Formal reading of charges and plea entry
• Pre-trial motions – Addressing any legal concerns, such as improper evidence
• Negotiation – Possible plea bargaining for a reduced charge or sentence
• Trial – If no agreement is reached, the case goes before a judge or jury

Penalties for DWI in Missouri can include:

• Fines
• License suspension
• Possible jail time
• Mandatory alcohol education
• Points on the driver’s license
• Higher insurance premiums

The long-term consequences of a DWI conviction can affect employment, housing, travel, and more. Even when charges are not dropped, being informed about what to expect helps individuals prepare for each stage of the process and consider all available options.

FAQ About DWI Charges Being Dropped in Missouri

Can DWI charges be dropped if the officer made a mistake?
Yes. If the traffic stop or arrest was conducted improperly, or if evidence was obtained unlawfully, charges may be dismissed.

Is it common for DWI charges to be dropped in Missouri?
No. DWI charges are rarely dropped unless there are serious issues with the evidence or procedures.

Do prosecutors ever drop DWI charges just because it’s a first offense?
Not typically. First-time offenders may get reduced charges or alternative sentencing, but full dismissal is rare without a legal reason.

Can BAC test errors lead to dropped charges?
Yes. Inaccurate or improperly conducted BAC tests can weaken the case and may result in dismissal.

Will hiring a lawyer make charges more likely to be dropped?
While hiring legal counsel doesn’t guarantee dismissal, an experienced attorney may identify flaws in the case that could lead to charges being dropped or reduced.

Can I request that my DWI charge be dropped?
You can ask, but only the prosecutor has the authority to dismiss charges. Requests are considered based on the facts of the case.

Are dropped charges removed from my record?
Not automatically. You may need to request an expungement to remove the arrest from your public record.

Conclusion

While it’s possible for DWI charges to be dropped in Missouri, it usually requires a clear legal flaw or lack of evidence. Prosecutors evaluate each case on its own facts and are unlikely to dismiss charges without a solid reason. Understanding the difference between dropped and reduced charges—and the factors that influence both—can help clarify your expectations after a DWI arrest.

To better understand Missouri’s legal process, see our full overview of how DUI laws work. For insight into what happens from arrest to prosecution, visit our article on how DUI charges are filed and prosecuted.