A Missouri DWI sets
two clocks in motion.
Most people walking out of a Missouri police station after a DWI arrest think they have one problem: the criminal charge. They have two. The criminal case moves at the pace of the docket. The other case — the administrative license suspension — runs on a fifteen-day clock that starts the moment of arrest. Miss it, and the license is gone whether you win the criminal case or not. We work both cases in parallel, the moment you call.
Both cases. Same lawyer.
From the first 15 days through trial.
First-Offense DWI
Standard first-offense DWI under RSMo 577.010 — breath test above 0.08% (0.04% CDL, 0.02% under-21). Both the criminal case and the parallel administrative license action.
Refusal Cases
Refusing the breath or blood test triggers a one-year revocation under Missouri's Implied Consent law (RSMo 577.041) — separate from any criminal charge. Hardship eligibility is limited.
Repeat & Aggravated DWI
Second, third, and subsequent DWI charges, persistent and aggravated DWI, DWI with injury, DWI with a child passenger. Mandatory minimums apply.
Underage DUI
Drivers under 21 face zero-tolerance enforcement at 0.02% BAC in both Missouri. License consequences differ from adult cases.
CDL DWI Defense
Commercial drivers face career-ending consequences from any DWI — even off-duty in a personal vehicle. CDL disqualification, federal SAP requirements, employer reporting.
Drugged Driving (DUID)
DUID prosecutions under the same statute. Marijuana, prescription medications, controlled substances. Different proof burden than alcohol DWI — often more defensible.
Administrative Hearings
Within 15 days of arrest we file the request for an administrative hearing with the Missouri Department of Revenue. The hearing stays the suspension until decided.
Hardship Driving Privileges
Where reinstatement is not yet possible, we petition for limited driving privileges — work, medical appointments, school, court, treatment.
The difference
an experienced lawyer makes.
The 15-Day Clock Is the Most Time-Sensitive Fact
The window to request an administrative hearing closes fifteen days from arrest, not from charge. Miss it and the license is gone whether you ever appear in criminal court or not. We file the hearing request the same day we are retained.
We Know the Forensic Science
Breath test machines must be calibrated, maintained, and logged. The fifteen-minute observation period before testing must be respected. The chain of custody for blood samples must be unbroken. Where these procedures fail, the evidence can be excluded — sometimes ending the case entirely.
A Former Municipal Prosecutor Sees Both Sides
David has served as a Municipal Prosecuting Attorney. He knows how the State builds DWI cases at the municipal level — the pressure to plead, the offers that get made, and the issues that win at trial. He uses that perspective for the defense now.
We Try DWI Cases When We Have To
Most DWI cases resolve through negotiation. The ones that should not are tried. Carriers and prosecutors know which firms will try a case — and they make better offers as a result.
What happens
when you call us.
Same-Day Call
Call as soon as possible after arrest. The 15-day administrative deadline starts immediately. The first conversation is free and usually short.
Administrative Hearing Request
We file the hearing request with the Missouri Department of Revenue within hours of being retained. Filing stays the license suspension until the hearing is decided.
Discovery & Records Subpoenas
We subpoena the breath test maintenance logs, calibration records, dispatch audio, body-cam and dash-cam video, and the officer's training records.
Both Cases Worked in Parallel
Negotiation, motion practice, or trial — on whichever case moves first. The strategy on each side informs the strategy on the other.
Frequently asked
questions.
Missouri law gives a driver fifteen calendar days from the date of arrest to request an administrative hearing with the Department of Revenue to challenge the automatic license suspension. If the request is not made within that window, the suspension takes effect on day 16 — regardless of what happens in the criminal case.
It depends on your specific situation. Refusing triggers a one-year license revocation under the Implied Consent law and produces evidence the prosecution will argue at trial. But it also denies the State a per se BAC reading, which can make the criminal case harder to prove. We discuss the trade-offs in our 15-day guide article and in your initial consultation.
Yes, in many cases. Common pretrial outcomes include reduction to "Driving with Excessive Blood Alcohol Content" (a lesser ordinance violation in some courts), reduction to a careless driving charge, Suspended Imposition of Sentence outcomes, and outright dismissals where suppression motions succeed. The earlier we are engaged, the more options remain.
A first-offense DWI with a breath test above 0.08% triggers a 90-day administrative suspension — the first 30 days as hard suspension (no driving), the next 60 days with restricted privileges and an ignition interlock device. A refusal triggers a one-year revocation. Successfully challenging the administrative suspension at hearing prevents either.
Yes. A first DWI conviction triggers a one-year CDL disqualification — even if the DWI was in your personal vehicle while off duty. A second DWI conviction can result in lifetime disqualification. Federal regulations also require employer notification and SAP (Substance Abuse Professional) evaluation. CDL drivers should call counsel immediately.
DWI defense fees depend on the specific charge, whether the case is likely to proceed to trial, and whether expert witnesses are needed. Repeat and felony DWI cases require more work and cost more accordingly. We quote our fee clearly in writing at the initial consultation, which is free.