First Offense DWI in Missouri

Being arrested for a first offense DWI in Missouri leavees you feeling confused, stressed, and afraid. Many people I help have never been arrested before. They worry how their arrest will impact their job, their license, and their future. These feelings are normal.

A first DWI can often be reduced or dismissed. What happens next depends on the facts of the case and how quickly you contact a lawyer to start working on your DWI defense.

What a First DWI Means

A first DWI in Missouri is a Class B misdemeanor. This is the lowest level DWI charge in the state. Most people do not go to jail for a first DWI. Many cases end with probation or a reduced charge. Some cases are dismissed. If your DWI involves a minor in the car or the injury of another, then your DWI could be charged as a Class A Misdemeanor or a Felony DWI. A detailed explanation of possible punishments for a First DWI can be seen in our section on Missouri's Drunk Driving laws.

What Happens With Your First DWI

An arrest for your first DWI creates two cases at the same time. One case is in criminal, which deals with the DWI charge. This is handled in the criminal court where the Municipality or State of Missouri is represented by the Prosecuting Attorney.

You Only Have 15 Days to Challenge a BAC Suspension or a Refusal Revocation. Contact a DWI Administrative Hearing Lawyer in St. Louis County today to keep your license!

The other case is civil and deals only with your driver's license. This case is held in civil court before a Judge or DWI Commissioner if there is a Breathalyzer Refusal revocation; or, if there is a BAC result, then it is an administrative hearing held before the DOR. In either case, the DOR is the other party and represented by either the County Prosecuting Attorney or a lawyer with the DOR's General Counsel's office.

Can I Get Jail For a First DWI?

Up to 6 months in jail is possible but most people do not get jail with their first DWI. The most common outcomes involve a Suspended Imposition of Sentence and probation, but cases involving high a BAC (0.15% or higher) can result in outcomes involving a minimum of two to five days in Jail. Common conditions of most DWIs are completion of Community Service, SATOP and Victim Impact Panel.

In representing clients with first-time DWIs in Missouri, I have been able to get their charges reduced to Careless & Imprudent Driving, or dismissed outright.

How I Defend First DWI Cases

Every case is different and requires an attorney experienced with drunk driving defense. I personally take my time to discuss the stop and investigation with you. I review the written and video evidence carefully, paying particular attention to the stop, the tests, and the officer’s actions. Mistakes made during any part of the investigation can lead to a reduction in charge or dismissal. Knowing what to look for

• The Traffic Stop. If the stop was not legal, the case may be thrown out. The officer has to have a valid reason for the stop.

• Field Sobriety Tests. These tests can be affected by many things: weather, shoes, health problems, poor instructions, or commonly incorrect administration by the officer. I review the video and the report for mistakes in how the officer conducted and graded the tests.

• Breath Testing. Breathalyzer machines must be maintained every 35 days using solutions approved by regulations. I check the machine records, the officer’s training. Additionally, before a sample can be given, the officer must observe you for 15 minutes.

• BAC Problems. A BAC over .08 does not always mean the test is correct. Rising BAC, bad testing, or contamination can change the result. This goes for Breath or Blood samples. With blood samples chain-of-custody must be maintained.

• Officer Reports and Video. I compare the officer’s report to the video. If the two do not match, I will use this during cross-examination.

• Motions to Suppress. If your rights were violated, I can ask the judge to remove key evidence from the case making it more difficult for the prosecution to prove their case.

• Expert Witness. In some cases, it may be advisable to bring in an outside DWI expert who can help you challenge the BAC test results or the sufficiency of the officer's investigation.

When a First DWI Becomes More Serious

Some facts can make a first DWI more serious. A very high BAC can make the case harder. A crash can increase the stakes. A child in the car can lead to stronger penalties. Past alcohol issues can matter even without a past DWI conviction. Drivers under twenty-one face special rules. You can read more about these rules in the Offender Classifications section of the Missouri DWI Laws page.

What You Should Do Now

A first DWI moves quickly. It is important to act soon. You should request your license hearing as soon as possible. You should not talk to police or prosecutors alone. Save any receipts, names, or videos from the night of the arrest. And most importantly contact a DWI lawyer quickly. The sooner we start, the more we can do to protect your license and your future.