Local DUI Laws

The Immediate Aftermath of a DWI Arrest in Missouri

A DWI arrest in Missouri can feel overwhelming, especially for those unfamiliar with how the legal and administrative systems function. The process begins the moment a driver is taken into custody and continues through several structured steps that follow a fairly standard timeline across the state.

Once a person is arrested for Driving While Intoxicated (DWI) in Missouri, they are typically transported to a police station or local jail. There, law enforcement may request a chemical test—usually a breath, blood, or urine sample—to determine the individual’s Blood Alcohol Concentration (BAC). If the driver consents, the results are recorded as part of the arrest report. If the driver refuses, Missouri’s implied consent law authorizes immediate license suspension and other penalties.

After testing, the arrested person is booked, which includes fingerprinting, photographing, and processing of personal information. Depending on the circumstances and jurisdiction, the individual may be released after a short holding period or may be held until they post bond or appear before a judge.

It’s important to understand that two separate tracks begin after the arrest: an administrative process related to driving privileges and a criminal process related to the DWI charge itself. These tracks operate independently but are both triggered by the same arrest.

In Missouri, knowing what to expect after a DWI arrest can help demystify the steps that follow and clarify the difference between administrative actions and criminal prosecution.

Administrative Penalties and License Suspension

One of the first consequences of a DWI arrest in Missouri is the potential for administrative license suspension, which is handled by the Missouri Department of Revenue (DOR). This action is separate from any court proceedings and is based primarily on the chemical test results or refusal to test.

If a driver submits to a chemical test and the BAC is 0.08% or higher, the DOR typically issues a Notice of Suspension. This is often provided at the time of arrest. The suspension period for a first offense is usually 90 days, though the driver may be eligible for a restricted driving privilege after 30 days.

If the driver refuses to take the test, the penalties are more severe: a one-year license revocation, known as a “refusal revocation.” This revocation is automatic unless the driver requests an administrative hearing within 15 days of the arrest.

Missouri drivers also have the option to apply for limited driving privileges (LDP), depending on their prior record and the nature of the offense. In some cases, the installation of an ignition interlock device (IID) may be required to obtain restricted driving rights.

Understanding these administrative steps is essential, as they can begin affecting a person’s driving privileges long before any court decision is made. Acting quickly after arrest is often necessary to preserve certain rights and options.

Booking, Release, and Temporary License

After arrest and chemical testing, the driver is booked by law enforcement. This involves creating an official arrest record that includes:

• Fingerprints
• Mugshot
• Personal identification details
• Arrest report and DWI charge documentation

In many Missouri jurisdictions, individuals charged with DWI may be released shortly after booking, provided they meet certain conditions. Release may be on personal recognizance, which means no bond is required, or may involve posting bail. In cases with aggravating factors—such as high BAC, prior offenses, or accidents—release may be delayed until a formal court appearance.

Upon release, drivers are typically issued a 15-day temporary driving permit if their license is subject to suspension. This permit allows them to continue driving for a limited time while they consider whether to request an administrative hearing to challenge the suspension.

This period is often when important decisions are made regarding legal representation, preparation for court, and possible defense strategies. Though not all cases are alike, the time immediately after release can shape the trajectory of both the administrative and criminal processes.

Filing of Charges and Court Scheduling

Once the arrest is complete, the case file is forwarded to the local prosecutor’s office, where a charging decision is made. In Missouri, a prosecutor reviews the police report, test results, and other evidence to determine which charges to file. The most common charge is Driving While Intoxicated, a misdemeanor for first-time offenders in most cases.

If charges are filed, a summons is issued that includes the date and time of the driver’s first court appearance. This hearing is known as the arraignment, where the charges are formally read, and the driver has an opportunity to enter a plea.

In some cases, particularly when no bail was required, the driver is released with instructions to appear in court on a specific date. Failing to appear can result in a bench warrant and additional legal problems.

It’s important to remember that Missouri courts take DWI charges seriously. Even if the offense is a first-time misdemeanor, the process follows a formal path through the criminal justice system. Each step—from arraignment to potential trial—carries consequences and may affect the final outcome of the case.

The Role of Chemical Test Results in Prosecution

Chemical test results, particularly BAC readings, play a major role in how DWI cases are prosecuted in Missouri. A BAC of 0.08% or higher is often considered per se evidence of intoxication, meaning the prosecutor does not need to prove impairment through behavior or field tests alone.

These results are usually obtained through a breath, blood, or urine test conducted at the police station or another official facility. If the test shows a BAC above the legal limit, the prosecution has a strong foundation for the charge. If the test was refused, prosecutors may use the refusal as evidence of consciousness of guilt.

That said, BAC results are not the only factor. In cases where the driver was under the influence of drugs or a combination of substances, other evidence may come into play, including:

• Officer observations during the traffic stop
• Field sobriety test results
• Video footage (if available)
• Statements made by the driver

Missouri courts recognize that impairment can occur even below the 0.08% threshold, especially when drugs are involved or when the driver exhibits dangerous behavior. This flexibility allows prosecutors to pursue charges based on the totality of circumstances, not just test numbers.

Court Hearings and Potential Outcomes

After arraignment, the DWI case in Missouri proceeds through a series of court hearings. Depending on the complexity of the case and whether it’s a first-time offense, outcomes can vary. Typical steps include:

• Pre-trial conferences to review evidence and discuss plea options
• Motions hearings if there are disputes about the legality of the stop or testing
• Trial (if the case is not resolved earlier)

Many DWI cases are resolved through plea agreements, particularly if the evidence is strong and the driver has no prior offenses. Plea deals may reduce penalties, avoid jail time, or substitute community service and education programs.

If the case proceeds to trial, the prosecutor must prove beyond a reasonable doubt that the driver was intoxicated while operating a motor vehicle. The defense may challenge the traffic stop, the accuracy of the test results, or other aspects of the arrest.

Possible outcomes include:

• Conviction (which may include fines, license suspension, and possible jail)
• Deferred sentencing (with conditions such as alcohol education and probation)
• Dismissal if evidence is insufficient

Understanding how these hearings work—and the options available—can help those facing DWI charges in Missouri navigate the process more confidently.

Long-Term Consequences of a DWI Arrest

Even if a person avoids jail or receives a reduced sentence, a DWI arrest in Missouri can have lasting effects. The criminal record created by the arrest and any conviction may influence future opportunities, including:

• Employment background checks
• Car insurance premiums
• Educational or professional licensing
• Travel or visa applications

A first offense is usually classified as a Class B misdemeanor, but certain factors—such as high BAC, prior offenses, or involvement in an accident—can elevate the charge to a more serious classification.

In addition, DWI convictions in Missouri remain on your driving record and may affect eligibility for limited driving privileges in the future. Some offenses may qualify for expungement, but only after a waiting period and under specific conditions.

These long-term impacts highlight the importance of understanding not just the immediate steps following a DWI arrest, but also the broader implications for years to come.

FAQ About What Happens After a DWI Arrest in Missouri

What happens to my license after a DWI arrest in Missouri?
Your license may be suspended by the Department of Revenue if your BAC is 0.08% or higher or if you refuse a chemical test. You have 15 days to request a hearing.

Is a DWI arrest the same as a conviction?
No. An arrest begins the legal process. A conviction only occurs if charges are filed and proven in court or through a plea agreement.

Do I have to go to court for a DWI charge?
Yes. DWI charges are criminal offenses in Missouri, and a court appearance is typically required unless the case is dismissed early.

Can I drive after a DWI arrest?
You may receive a temporary permit valid for 15 days. After that, you may need to apply for a restricted license or wait out the suspension period.

What’s the penalty for refusing a breath test?
Refusal results in a one-year license revocation and may be used against you in court.

How soon do charges get filed after a DWI arrest?
Charges are usually filed within a few days, but the exact timing depends on the jurisdiction and the prosecutor’s office.

Can I lose my job after a DWI arrest?
It’s possible, especially in jobs that require driving or background checks. Each employer handles arrests differently.

Conclusion

A DWI arrest in Missouri sets off a structured series of legal and administrative steps, from license suspension to criminal court proceedings. Each phase plays a role in determining the outcome and long-term impact of the arrest. Knowing what to expect can reduce confusion and help individuals prepare for the road ahead.

For a deeper explanation of Missouri’s legal framework, visit our full guide on how DUI laws work. To understand how DWI charges move from arrest to prosecution, see our article on how DUI charges are filed and prosecuted.