Local DUI Laws

Understanding Court Requirements After a DWI Arrest in Missouri

A common question after a Driving While Intoxicated (DWI) arrest in Missouri is whether a court appearance is mandatory. The short answer is yes—in nearly all cases, a DWI charge requires at least one appearance in criminal court. Missouri treats DWI as a criminal offense, not a civil infraction, which means formal legal proceedings are part of the process.

When someone is arrested for DWI, they are usually issued a court summons that includes a date and time for their first hearing, called an arraignment. This hearing is where charges are officially presented, and the individual must enter a plea. Missing this court date can result in serious consequences, including a bench warrant for arrest.

Even if the arrest seems minor—such as a first offense with no accident involved—Missouri law still requires the matter to be addressed in court. There are no shortcuts, mail-in pleas, or online options for bypassing the legal process. Court appearances ensure that each case is reviewed individually and that the rights of the accused are upheld.

Some individuals may resolve their case without attending every hearing, especially if they hire legal representation. However, initial appearances and any proceedings involving plea changes, sentencing, or trial almost always require the defendant’s presence. Understanding when and why you need to go to court helps clarify the legal obligations that follow a Missouri DWI arrest.

What Happens at the First Court Appearance

The first required court appearance after a DWI arrest is called an arraignment. This is a formal hearing where the charges are read, and the defendant enters a plea. In Missouri, this hearing is mandatory unless a judge specifically waives the requirement, which is rare and usually only happens when a lawyer appears on the defendant’s behalf with prior approval.

During the arraignment, several key things occur:

• The judge confirms the defendant’s identity and reads the DWI charge(s).
• The court explains the possible penalties.
• The defendant is asked to enter a plea: guilty, not guilty, or no contest.
• Bail conditions or pre-trial requirements may be discussed.

Even though arraignment is typically brief, it is a critical step in the court process. It marks the official start of the case, sets the tone for future hearings, and informs the court how the accused intends to proceed.

Failing to appear at the arraignment can result in a bench warrant, license consequences, and additional legal trouble. Even if you believe the case is minor or you’re hoping for a plea agreement, this first appearance is not optional unless alternative arrangements have been formally made with the court.

Can a Lawyer Appear on Your Behalf?

In Missouri, hiring a lawyer can sometimes help reduce the number of times you must personally appear in court—but it does not eliminate the need for all court appearances. In misdemeanor DWI cases, attorneys may appear on a client’s behalf for certain procedural hearings, such as pre-trial conferences or status updates.

However, personal attendance is usually still required for:

• Arraignment (unless waived by the court)
• Plea hearings
• Sentencing
• Trial

If the DWI charge is upgraded to a felony—for example, due to repeat offenses or an accident involving injury—personal court appearances become even more strict. Felony DWI cases often require the defendant to be present for all stages of the proceedings.

While legal representation can simplify communication and negotiation with the prosecutor’s office, it does not exempt you from the judicial process. If you’re facing a DWI charge in Missouri, it’s important to clarify with your attorney which hearings require your attendance and which may proceed without you.

Differences Between Administrative and Criminal Proceedings

One reason for confusion about court appearances is the existence of two separate processes after a Missouri DWI arrest: the criminal case and the administrative license suspension handled by the Missouri Department of Revenue (DOR).

Here’s how they differ:

• The criminal process deals with the legal charge of DWI and always involves court appearances.
• The administrative process concerns your driving privileges and is managed outside of the courtroom.

If your BAC was 0.08% or higher, or if you refused a chemical test, the DOR initiates an administrative license suspension. You have the right to request a hearing—but this hearing is often conducted by phone or in a DOR office, not a courtroom.

This distinction is important: you can lose your license without going to court, but you cannot resolve the criminal DWI charge without appearing in court at least once. Both paths require attention, but only the criminal case carries the legal mandate for court attendance.

What If You Miss a Required Court Date?

Failing to appear in court for a DWI case in Missouri is a serious issue. If you miss a required hearing, the judge may issue a bench warrant for your arrest. This means law enforcement can detain you at any time, and you could face additional charges such as failure to appear.

Other consequences of missing court include:

• Bond revocation if one was posted
• Driver’s license suspension
• Stronger penalties if convicted
• Loss of eligibility for reduced charges or plea deals

If you miss a court date by accident, it’s important to act quickly. Contact the court or your attorney as soon as possible to explain the situation and see if the hearing can be rescheduled. Ignoring the issue only makes it worse.

Missouri courts treat court appearance requirements seriously in DWI cases because of the public safety concerns involved. Even if you are hoping for leniency or believe the charge is minor, showing up when required is non-negotiable.

Can a DWI Be Resolved Without Going to Trial?

Yes. In fact, most DWI cases in Missouri are resolved without trial. That doesn’t mean you can avoid court altogether, but it does mean you may not have to go through a full jury or bench trial.

Common non-trial outcomes include:

• Plea agreements to reduced charges or lesser penalties
• Diversion programs or deferred adjudication for first-time offenders
• Pre-trial dismissals in rare cases with weak evidence or procedural issues

Even if a case settles through a plea, at least one court appearance is typically required to enter the plea and complete sentencing. Your lawyer can help negotiate the terms, but you’ll likely need to appear in person for finalization.

Trials are generally reserved for contested cases, repeat offenses, or situations involving complex legal questions. For most drivers facing a first-time DWI in Missouri, resolution happens well before that point—but still within the courtroom.

Special Considerations for Out-of-State Drivers

If you’re an out-of-state driver arrested for DWI in Missouri, court attendance requirements still apply. The Missouri court system does not automatically waive appearances based on residency. You may be required to return to Missouri for:

• Arraignment
• Plea hearings
• Sentencing or trial

That said, hiring an attorney is especially helpful in these cases. Your lawyer may be able to appear on your behalf for some early proceedings and minimize travel. However, key hearings almost always require your physical presence, especially if the case involves enhanced penalties or complications.

Additionally, DWI convictions in Missouri are reported to the National Driver Register, which means your home state may impose its own penalties based on the outcome.

Out-of-state drivers should treat a Missouri DWI just as seriously as a local resident would and plan for at least some level of court involvement.

FAQ About DWI Court Requirements in Missouri

Do I have to go to court for a first DWI offense in Missouri?
Yes. Even for first offenses, court attendance is required to enter a plea and complete sentencing.

Can my lawyer go to court without me?
In limited situations, yes. Your lawyer may appear on your behalf for procedural hearings, but key appearances typically require your presence.

What happens if I miss a court date?
A bench warrant may be issued for your arrest, and you may face additional charges or penalties.

Is there an online option for DWI court in Missouri?
Most courts require in-person attendance, though some administrative proceedings or status updates may occur remotely depending on the jurisdiction.

Can I avoid court if I plead guilty?
No. Pleading guilty still requires at least one court appearance to enter the plea and receive sentencing.

Do out-of-state drivers have to return for court?
Usually, yes. Your physical appearance may be required unless the court allows your attorney to represent you for specific steps.

Is there any way to get the charge resolved without going to court?
No. Missouri DWI charges are criminal in nature and must be addressed in court.

Conclusion

If you’re arrested for DWI in Missouri, appearing in court is a required part of the process. While legal representation may reduce how often you appear, it doesn’t eliminate the obligation entirely. Court appearances ensure the legal system handles each case properly and gives defendants a chance to respond to the charges.

To better understand the full process from arrest to courtroom, check out our complete guide on DUI process and timeline. For more detail about what happens in the early stages of a case, read the DUI process from traffic stop to court.