Yes, a DUI/DWI charge can sometimes be reduced or dismissed, depending on the circumstances of the case. Factors such as the legality of the traffic stop, the accuracy of the breathalyzer or blood test, and whether proper procedures were followed can all impact the outcome. As experienced DUI/DWI attorneys we can review your case for potential defenses and negotiate with prosecutors to reduce charges or have them dismissed.

In Missouri, the legal BAC limit is 0.08% for drivers aged 21 and over. For commercial drivers, the limit is lower, at 0.04%. Drivers under the age of 21 are subject to a “zero tolerance” law, meaning any detectable BAC over 0.02% can result in a DUI charge. It’s important to note that the “limit” allows a presumption of intoxication. That means that even if your BAC is below the legal limit, you can still be charged with a DUI if you’re deemed to be impaired. Similarly, if you are over the “legal limit,” it is still possible to be found not guilty by a jury. 

A DUI/DWI conviction in Missouri typically remains on your record for at least 10 years. After this period, you may be eligible to have the conviction expunged, meaning it can be removed from your record completely. However, expungement is only available under certain conditions, and not all convictions qualify. Consulting with an attorney can help you understand your options.It is important to note that “SIS” probation in Missouri has many advantages, but it does NOT cause the DWI to be removed from your criminal record. 

If you’re pulled over for suspicion of DUI/DWI, it’s important to remain calm and respectful. Every situation is substantially different and there is no “one size fits all” advice that is correct in all circumstances. Missouri law requires you to submit to two of the following: a breath test, a blood test, or a urine test. The officer gets to choose the kind of tests, not the driver. You can refuse; however, refusing results in a year long license suspension and the fact that you refused the test can be used against you at trial as proof that you refused the test because you were intoxicated. Beware that at the police station, officers will ask numerous standard questions. One of them asks if you are “under the influence of alcohol.” That is the exact wording of what makes you guilty of a DWI in Missouri. Although it is disguised as a question about the consumption of any alcohol, it is essentially asking if you are too drunk to drive.

After a DUI/DWI arrest in Missouri, you will typically receive a 15-day temporary driving permit, after which your license will be suspended if you do not challenge the suspension. You may be eligible for a Restricted Driving Privilege (RDP), which allows limited driving under certain conditions, after 30 days or more of being unable to drive legally. It’s important to act quickly to request a hearing to contest the suspension. 

Yes, you can refuse to take a breathalyzer or blood test in Missouri, but doing so comes with consequences. Under Missouri’s Implied Consent Law, refusal results in an automatic one-year license suspension, and your refusal can be used against you in court. However, depending on the circumstances, your attorney might challenge the suspension or the results of any subsequent tests. Additionally, some counties, in some cases, will potentially allow you to avoid a refusal suspension as part of a guilty plea. Unfortunately, there is very little way for anyone to tell you if you can obtain such an agreement or if such an agreement would be advisable for you in your case at the time you need to make a decision about whether to take the test or not. 

A second DUI/DWI offense in Missouri is considered a class A misdemeanor and carries harsher penalties than a first offense. You may face up to one year in jail, fines up to $2,000, a mandatory one-year license revocation, and possible installation of an ignition interlock device. Perhaps more important than the difference in maximum punishments, prosecutor’s will almost uniformly attempt to give much harsher punishments for second time offenders than they do for first time offenders. 

An experienced DUI/DWI attorney can help in many ways, including challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or blood test, negotiating with prosecutors for reduced charges or penalties, or trying a case to a jury if you are wrongly accused or if the State is otherwise being unfair. Your attorney can also represent you regarding any attempt to suspend your license, helping to protect your rights and achieve the best possible outcome.