Local DUI Laws

How the Missouri DWI Court Process Begins

The Driving While Intoxicated (DWI) court process in Missouri starts with the arrest and continues through several structured legal steps. While each case has its unique details, the overall process is consistent across jurisdictions. Whether it’s your first offense or a repeat charge, knowing what to expect can help you understand how the system works and what timelines apply.

After a DWI arrest in Missouri, the driver is usually taken to a police station for chemical testing—either a breath, blood, or urine test—to determine Blood Alcohol Concentration (BAC). If the result is 0.08% or higher, or if the driver refuses to submit to testing, they are processed and booked.

Once the arrest is complete, the legal process officially begins. The case is sent to the prosecutor’s office, which decides whether to file formal charges. If charges are filed, the accused receives a court summons indicating when and where to appear. This first appearance in court is called an arraignment, where the driver hears the charges and enters a plea.

The DWI court process in Missouri is a criminal proceeding, and the outcome can include fines, license suspension, mandatory education programs, and in some cases, jail time. Understanding the timeline and flow of this process helps clarify what comes next and how each step fits into the larger system.

Arraignment and Initial Plea

The first formal step in the Missouri DWI court process is the arraignment, which is the initial court appearance following an arrest. This is where the judge officially reads the charges, and the defendant has the opportunity to enter a plea.

There are typically three plea options:

• Guilty: Accepting responsibility and moving directly to sentencing
• Not Guilty: Denying the charges and requesting a trial
• No Contest: Not admitting guilt but not disputing the facts, often used in plea negotiations

In many DWI cases, especially first offenses, defendants plead not guilty at arraignment to allow time for legal review of the case. This does not mean the case will go to trial, but it provides a window for further negotiation or investigation.

The judge may also discuss bail conditions, driving restrictions, and whether the driver must comply with pre-trial requirements like alcohol monitoring or abstinence. In some cases, especially if the driver has prior offenses or a high BAC, the court may impose stricter conditions during this stage.

After the arraignment, the case proceeds to the pre-trial phase, where evidence is exchanged and motions may be filed.

Pre-Trial Hearings and Evidence Review

The pre-trial phase of a DWI case in Missouri is critical. It’s where both sides—the prosecution and the defense—review the evidence, file motions, and explore potential resolutions. This phase can span several weeks or even months, depending on the complexity of the case and court scheduling.

During this time, the following steps often occur:

• Discovery: Both sides share evidence, including police reports, BAC results, dashcam footage, and witness statements.
• Motions: Either party may file motions to suppress evidence (e.g., challenging the legality of the stop or the reliability of the breath test).
• Negotiations: Many cases are resolved during this stage through plea deals that reduce the charge or minimize penalties.

The goal of this phase is to clarify the strength of the case. If there are procedural issues—like an illegal stop, flawed sobriety test, or improperly handled evidence—the defense may seek to have charges dropped or reduced.

In Missouri, this stage also allows for case reassessment. Prosecutors may decide to pursue a conviction, offer a plea to a lesser offense (like reckless driving), or in rare cases, dismiss the case if evidence is too weak.

Trial Process in Missouri DWI Cases

If no agreement is reached during the pre-trial phase, the DWI case moves to trial. In Missouri, DWI trials can be heard by either a judge (bench trial) or a jury, depending on the defendant’s choice and the circumstances.

During the trial, both sides present their case:

• Prosecution: Presents evidence of impairment, such as officer testimony, BAC results, and field sobriety test performance
• Defense: May challenge the legality of the stop, question the accuracy of the tests, or argue that impairment was not proven

Witnesses can be called, and video or audio recordings may be submitted as evidence. The burden is on the prosecution to prove beyond a reasonable doubt that the defendant was operating a vehicle while intoxicated.

At the end of the trial, the judge or jury issues a verdict. If the defendant is found not guilty, the case ends without conviction. If found guilty, the case moves to sentencing.

Most DWI cases in Missouri do not go to trial, especially for first-time offenders. Trials are more common in contested cases or when serious penalties are on the line.

Sentencing and Penalties After Conviction

If a DWI charge results in a conviction, either through a guilty plea or trial, the next phase is sentencing. In Missouri, sentencing depends on a range of factors, including:

• Whether it’s a first, second, or third offense
• The driver’s BAC level at the time of arrest
• Whether there was an accident or injury involved
• The driver’s criminal history

For a first offense, penalties may include:

• Up to 6 months in jail (though most first offenders do not serve time)
• A fine of up to $1,000
• A 90-day license suspension
• Mandatory alcohol education or treatment
• Ignition interlock device (IID) installation in some cases

Repeat offenses or aggravating circumstances can result in felony charges, longer license suspensions, higher fines, and possible jail time.

The judge has some discretion in sentencing and may consider mitigating factors such as willingness to attend treatment, cooperation with law enforcement, and lack of prior offenses.

In many cases, alternative sentencing options—like probation, community service, or deferred adjudication—may be available depending on the jurisdiction and case details.

Administrative Process and Court Process: What’s the Difference?

One important aspect of the DWI court process in Missouri is understanding how the administrative and criminal proceedings differ—and how they overlap.

• Administrative proceedings are handled by the Missouri Department of Revenue and focus on driver’s license suspension. These actions can occur before the court case is resolved and are triggered by either a failed or refused BAC test.
• Criminal proceedings occur in court and focus on legal punishment like fines, jail, or probation.

For example, if a driver fails a breath test with a BAC of 0.08% or more, their license may be automatically suspended unless they request a hearing within 15 days of arrest. This administrative action is independent of the court case and can happen even if charges are later dropped.

Understanding both processes is critical because a driver may need to deal with license suspension at the same time they are preparing for criminal court. Each process has its own timeline, requirements, and outcomes, but both begin with the same arrest.

Special Courts and Diversion Programs

In some parts of Missouri, individuals charged with DWI may be eligible for diversion programs or DWI courts, especially if they are repeat offenders or show signs of alcohol dependency.

DWI courts are specialized programs that focus on treatment, monitoring, and rehabilitation rather than punishment. Participants are required to:

• Attend regular court check-ins
• Submit to frequent alcohol and drug testing
• Participate in counseling or support groups
• Follow a structured treatment plan

Successful completion of a DWI court program can reduce the long-term impact of a conviction and, in some cases, result in the dismissal of charges or sealing of the record.

These programs are not available in every Missouri jurisdiction and are generally offered to high-risk individuals who show a willingness to change behavior.

For first-time offenders, deferred prosecution agreements may be an option. These agreements involve fulfilling certain conditions (like alcohol education) in exchange for possible charge reduction or dismissal at the end of the supervision period.

FAQ About the DWI Court Process in Missouri

How long does the DWI court process take in Missouri?
Timelines vary, but most cases are resolved within 2 to 6 months, depending on the court’s schedule and whether the case goes to trial.

Is it possible to avoid jail time for a first DWI offense?
Yes. Most first-time offenders in Missouri receive probation, fines, or education requirements rather than jail time.

Do I need a lawyer for a DWI case?
While not required, legal representation can help identify legal issues, negotiate plea deals, and protect your rights during court proceedings.

What happens if I plead guilty at arraignment?
The case proceeds directly to sentencing. You may lose the opportunity to challenge the evidence or negotiate a better outcome.

Can I get my license back before the court process ends?
Possibly. You may be eligible for restricted driving privileges or may appeal the administrative suspension separately from the court case.

What’s the difference between a plea deal and going to trial?
A plea deal resolves the case without trial, often with reduced charges or penalties. A trial involves presenting the case in court and receiving a verdict from a judge or jury.

Does a DWI court conviction stay on my record?
Yes, but in some cases, you may be able to apply for expungement after a waiting period, depending on the outcome and your driving history.

Conclusion

The DWI court process in Missouri follows a defined legal path, from arrest and arraignment to potential sentencing or resolution. Understanding each step—from initial appearance to final outcome—can help individuals navigate the system more confidently. While outcomes vary based on the specifics of each case, knowing the process in advance offers clarity and preparation.

For a detailed overview of the full legal timeline, explore our guide on DUI process and timeline. To see how a DWI case progresses from arrest to courtroom, read the DUI process from traffic stop to court.