What Happens When You Get Your First DWI in Missouri?

Below I explain what happens when you get your first DWI in Missouri.

A first DWI in Missouri triggers two separate maters: the criminal case in court that deals with your DWI charge and any companion tickets like Failure to Maintain a Single Lane or Speeding, and an administrative action that deals solely with your driving privileges.

It is important to note that these are separate cases even though they involve the same facts: the same driver, the same officer, the same DWI investigation, and the same BAC result or Refusal.

Despite the facts being the same, the issues are different and the government’s burden is different. What happens in one case may have no effect on the other case, meaning you can win one and still face consequences in the other.

Call a St. Louis DWI Attorney to Discuss Your Case

Admininstrative Case

In the Administrative case, you will either need to file a Request for an Administrative Hearing with the DOR or file a Petition for Review of a Breathalyzer Refusal Revocation in Circuit Court.

You only have 15 Days to file a Request for an Adminstrative Hearing

Administrative Hearing

While you wait for the Administrative Hearing and the Hearing Officer’s decision, you will be provided a temporary driving permit. If you lose the hearing, then your license will be suspended for 90 days for a first offense.

Refusal Case

The Refusal case is presided over by a judge or DWI Commissioner who will normally issue a Stay Order to allow you to drive until your case has been decided. If you lose the Refusal case, then your license will be revoked for a one-year period for a first offense.

You must file your Petition for Review of the Refusal Revocation within 30 Days

Reinstatement Requirements

Reinstatement requirements for a first-time administrative alcohol suspension or refusal revocation involves the completion of SATOP, SR-22 Insurance for a period of 2 years from the date of the suspension, and a payment of a reinstatement fee of $45.00.

Criminal Case

In the criminal case, the prosecutor will formally file charges in either a Municipal Court or a Circuit Court in the county where you were arrested. The outcome is effected by the facts of the stop and the evidence gathered by the arresting officer, including the breath or blood test results, and whether the officer followed proper procedures.

In most counties in Missouri, the standard plea agreement offered for most first time DWI offenders involves a Suspended Imposition of Sentence and a 2-year probationary period with the following conditions: Completion of SATOP, Victim Impact Panel, 40-50 Hours of Community Service, and No Drinking and Driving. This involves a guilty plea but no conviction if you successfully complete the probationary period.

St. Louis DWI Attorney Anthony Bretz

If you were arrested for a DWI, call me today for a free consultation to discuss your options. You don't need to accept your license suspension or revocation. I will fight for you and make the government prove its case.