A DUI arrest is upsetting, especially if it’s your first encounter with the criminal justice system. Fortunately, there are some steps you can take to protect your rights and challenge the charges. Here’s what to do.
Understand What You’re Charged With
In Missouri, DUI is a common shorthand term for the actual crime of Driving While Intoxicated (DWI). The charge applies if law enforcement believes you were driving a vehicle while under the influence of alcohol, drugs, or a combination of both. If your blood alcohol content (BAC) was 0.08% or higher, or 0.02% if you’re under 21, you’re legally impaired.
A DWI can be charged as a misdemeanor or a felony. The exact charge depends on your prior record and whether there were aggravating factors like injuries, minors in the vehicle, or a crash.
Do Not Discuss the Incident with Police
After an arrest, police will probably ask you questions about where you were, how much you drank, or whether you feel impaired. You are not required to answer these questions. You only need to provide basic information like your name and driver’s license. Beyond that, avoid offering explanations or apologies. Anything you say can be used against you later in court.
You have the right to remain silent and to request legal representation. The sooner you get an experienced attorney involved, the more options you’ll have.
Request a Hearing with the Department of Revenue
Missouri handles DUI arrests through two separate processes: the criminal case and the administrative license suspension (ALS).
If you fail or refuse a chemical test (breath, blood, or urine), the Missouri Department of Revenue will initiate an automatic suspension of your license. This can happen even if the criminal charges are later dropped.
You have 15 days from the date of your arrest to request an administrative hearing. If you miss this deadline, your driver’s license will be suspended automatically.
- Failed test: 90-day suspension for a first offense.
- Refused test: One-year revocation under Missouri’s implied consent law.
Filing the hearing request doesn’t guarantee you’ll keep your license, but it gives you a chance to challenge the suspension and review the officer’s evidence early in the process.
Write Down Everything You Remember
Memories fade quickly, especially when you’re under stress. Take time to write this information down once you’re home:
- Where and when you were pulled over
- What the officer said or did
- Whether you were asked to perform field sobriety tests
- What type of chemical test you took, if any
- Whether you were read your Miranda rights
- Any witnesses or passengers who were present
Your notes can help you and your attorney look for errors in police procedures. It will also help them spot other defenses that could apply to your case.
Review Your Bond Conditions
After a DWI arrest, the court may impose bond conditions while your case is pending. These conditions vary by jurisdiction and judge. They may include:
- No alcohol or drug use
- Random drug and alcohol testing
- Installing an ignition interlock device (IID)
- Attending alcohol education classes
- Travel restrictions
Violating these conditions can lead to your bond being revoked and additional charges being filed. Make sure you understand and follow the court’s instructions from the beginning.
Avoid Driving Until Your Legal Status Is Clear
If your license is suspended or revoked, driving can lead to additional charges for driving with a revoked or suspended license. This is a separate misdemeanor offense. Wait until you have a clear answer from the court or the Department of Revenue before getting behind the wheel again.
However, you may be eligible for a restricted driving privilege (RDP). An RDP lets you drive for limited purposes like work, school, or medical appointments.
Discuss Your Case with an Experienced Missouri DUI Lawyer
If you’ve been arrested for DUI in Missouri, Travis Noble, P.C., can help you protect your rights and preserve your license. Contact us today for your free consultation with a Missouri DUI defense lawyer.