At James Law Group, we frequently encounter clients with misconceptions about Missouri DWI (Driving While Intoxicated) laws. Today, we’re exposing the truth behind these common myths.
Myth #1: You Must Be Driving to Get a DWI
Contrary to popular belief, you don’t need to be actively driving to face Missouri DWI charges. The law states that being in “actual physical control” of a vehicle while intoxicated is sufficient. This means even if you’re in a parked car with the engine running, you could potentially be charged with a DWI.
Myth #2: Field Sobriety Tests Are Mandatory
Many Missourians believe they must comply with field sobriety tests when stopped. In fact, these tests are voluntary in Missouri. However, be aware that refusing these tests may lead to a request for a chemical test, which falls under different legal requirements.
Myth #3: Breathalyzers Are Always Accurate
While widely used, breathalyzers aren’t infallible. These devices have a margin of error and can be influenced by various factors, including certain medical conditions or recent use of mouthwash. An experienced Missouri DWI attorney can often challenge breathalyzer results in court.
Myth #4: A DWI Automatically Disappears from Your Record
Unfortunately, a Missouri DWI doesn’t simply vanish from your record after a set period in Missouri. While expungement is possible under certain conditions, it’s not automatic and requires legal action.
Myth #5: It’s Not Worth Fighting a DWI Charge
This is perhaps the most dangerous myth. Missouri DWI charges carry serious consequences, including potential jail time, substantial fines, and license suspension. With an experienced Missouri DWI defense attorney, you can protect your rights and potentially mitigate these consequences.
Understanding the truth behind DWI myths in Missouri is crucial for anyone facing charges. From the misconception that you must be driving to be charged, to the belief that breathalyzer results are always accurate, these myths can lead to serious consequences.
At James Law Group, we are dedicated to debunking these misconceptions and providing you with the legal support you need. If you find yourself facing a DWI charge, don’t navigate this complex situation alone.
Contact our experienced Missouri DWI attorneys today for a consultation and let us help you protect your rights and achieve the best possible outcome. Remember, knowledge is your greatest ally in the fight against DWI charges!
This post is meant to be a guide, not legal advice. please contact us if you need legal advice. our team is happy to help.
PROTECTING YOUR RIGHTS
Trust James Law Group to be your advocates in criminal defense cases. We're here to protect your rights and your recovery.

Navigating a St. Louis County speeding ticket: Your Practical Guide
Receiving a St. Louis County speeding ticket can be an unwelcome and often confusing experience. For residents and visitors in the St. Louis County areas of Bridgeton, Florissant, Ferguson, Hazelwood, Maryland Heights, St. John, and St. Ann, understanding your options...

The Peril of a Lying Witness: How a Single False Accusation Can Lead to Arrest, Charges, and Conviction
Introduction What happens when a witness lies? What happens when a single person makes a false accusation against someone else? Tragically, that one lie can be enough to send an innocent person to jail. The testimony of a single lying witness can lead to someone being...

3 Shocking Truths About 1983 Lawsuits: Why Cities Pay for Police Misconduct
Discover 3 shocking truths about filing a 1983 lawsuit for police misconduct. Learn why cities pay damages and how to build a strong case in Missouri.