Being charged with driving while intoxicated by drugs — sometimes called DUID — is different from an alcohol DWI, but it carries the same criminal penalties. There is no breathalyzer equivalent for most drugs. Officers rely on field observations, field sobriety tests, and blood or urine samples. Those methods can be challenged. If you were arrested for drug DWI in Columbia or anywhere in central Missouri, call Bur Oak Legal for a free consultation.
Bur Oak Legal defends drug DWI charges involving marijuana, prescription medications, and controlled substances across Boone County and the surrounding area.
(573) 499-0200Most people understand DWI in the context of alcohol — a breathalyzer, a BAC number, a clear threshold. Drug DWI works differently. Under Missouri's DWI statutes in Chapter 577 RSMo, it is illegal to operate a motor vehicle while under the influence of any controlled substance, not just alcohol. This includes illegal drugs, marijuana, and prescription medications.
The critical difference from alcohol DWI is that there is no per se legal limit for drugs. With alcohol, a 0.08 BAC reading is treated as sufficient evidence of intoxication by itself. With drugs, there is no equivalent number. The prosecution must prove impairment through other means — and that opens the door to meaningful challenges.
Drug DWI charges in central Missouri most often involve:
Without a breathalyzer for drugs, officers rely on observation and field testing. During a traffic stop, the officer looks for physical signs of impairment — bloodshot or glassy eyes, slurred speech, unsteady movement, or an odor of marijuana. Standard field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) may be administered. Some departments use officers certified as Drug Recognition Experts (DREs) who apply a twelve-step evaluation protocol. After arrest, a blood or urine test is typically requested to identify the specific substance.
Recreational marijuana became legal in Missouri in 2022. That does not make it legal to drive while impaired by it. A person can be arrested for drug DWI after using marijuana — even if used legally, even if the marijuana was purchased from a licensed dispensary, and even if no marijuana was found in the vehicle. The charge is about impairment at the time of driving, not possession.
A drug DWI conviction carries the same penalties as an alcohol DWI conviction under Missouri law. The severity depends primarily on your prior record. All drug DWI convictions also trigger license consequences through the Missouri Department of Revenue — separate from the criminal case.
| Offense Level | Classification | Potential Jail | Fines | License Impact |
|---|---|---|---|---|
| First Offense | Class B Misdemeanor | Up to 6 months | Up to $1,000 | 90-day suspension |
| Second Offense (within 5 years) | Class A Misdemeanor | Up to 1 year | Up to $2,000 | 1-year revocation |
| Third Offense | Class E Felony | Up to 4 years | Up to $10,000 | 10-year denial |
| Aggravated / Chronic | Class C or D Felony | Up to 7 years | Up to $10,000 | Varies |
Beyond jail and fines, a drug DWI conviction can affect your professional licenses, employment background checks, and — in some fields — federal security clearances. If you hold a commercial driver's license, the consequences are more severe.
Drug DWI cases are defensible. Because prosecutors cannot rely on a simple BAC number, they depend heavily on officer observations, field sobriety test results, and laboratory analysis — each of which can be challenged. Chris reviews every piece of evidence in the case and identifies where the prosecution's theory has weaknesses.
Every DWI case begins with a traffic stop. If the officer lacked a lawful basis for the stop — such as reasonable suspicion that a traffic violation occurred — the evidence gathered afterward may be suppressed. This is often the first line of defense examined.
Blood and urine tests detect the presence of drug metabolites — not necessarily current impairment. THC, for example, can remain detectable in blood for days after any impairing effect has passed. Chris challenges whether the test results actually prove impairment at the time of driving.
Field sobriety tests were designed to detect alcohol impairment, not drug impairment. A DRE evaluation is more comprehensive but still subjective. Results can be affected by physical conditions, nervousness, medical issues, or improper administration. Chris reviews whether protocols were followed correctly.
Blood and urine samples must be properly collected, stored, and analyzed. Errors in chain of custody, lab contamination, or failure to follow proper procedures can undermine the reliability of test results. Chris works with toxicology experts when the science matters to the outcome.
Bur Oak Legal is a one-attorney firm. When you hire Chris Miller, your case stays with him from the first call through the final resolution. No handoffs to associates. No paralegals handling your defense. You get direct access to your attorney throughout the process — at the Boone County Courthouse and across central Missouri.
A drug DWI arrest triggers two separate processes: the criminal case in Boone County Circuit Court, and an administrative license action by the Missouri Department of Revenue. These run simultaneously and independently.
After a drug DWI arrest, you typically have 15 days to request an administrative hearing to contest the license suspension. If no hearing is requested, the suspension becomes automatic. Time matters — this is one of the first things Chris addresses when retained on a drug DWI case.
Even if you ultimately avoid a criminal conviction, the license suspension can proceed separately. An experienced DWI defense attorney handles both tracks at the same time to protect your driving privileges and defend the criminal charge.
Missouri's expungement law under Section 610.140 RSMo allows some DWI convictions to be expunged after a waiting period, subject to conditions. Whether your case qualifies depends on how it resolves and your prior record.
Navigating the criminal justice system after a drug DWI arrest is complex and stressful. Missouri DWI laws are strict, and the consequences of a conviction — jail time, legal fees, higher insurance premiums, and a permanent criminal record — can follow you for years. When previous DWI convictions are on your record, prosecutors push for harsher penalties. You need an experienced DWI attorney who understands how to build a strong defense from the first court date.
Police officers are trained to gather evidence quickly at the scene. A blood or breath test — including the breathalyzer test used at the station — must follow strict protocols. If a police officer conducted field sobriety tests without probable cause to stop the vehicle, that can be challenged. Missouri DWI attorneys who know how to refuse unnecessary admissions and challenge blood alcohol content results can shift the outcome of the case. Whether this is a first DWI or a subsequent offense, an experienced DWI lawyer knows the possible defenses and how to use them.
This is a challenging time. But being charged is not the same as being convicted. Lawyers who handle DWI cases in central Missouri — from Columbia, MO to the surrounding counties — know how to examine every circumstance of the arrest, from the suspension period timeline to the strength of the evidence. Chris Miller represents clients across mid Missouri facing drug DWI charges. He evaluates every DWI case individually and fights for the best outcome possible.
Yes. Even though marijuana is legal for recreational use in Missouri, it is still illegal to drive while impaired by it. Missouri law under Chapter 577 RSMo prohibits operating a vehicle while under the influence of any controlled substance — including marijuana. Unlike alcohol, there is no legal per se limit for THC; the officer's observations of impairment are the key evidence.
Yes. A valid prescription is not a complete defense to a drug DWI charge in Missouri. If you are impaired by a legally prescribed medication — such as painkillers, sleep aids, or anxiety medication — and an officer observes signs of impairment, you can be charged and convicted. The law prohibits impaired driving, not just illegal drug use.
Without a breathalyzer equivalent for drugs, officers rely on field sobriety tests, officer observations of physical signs (bloodshot eyes, slurred speech, unsteady movement), and blood or urine tests. Some departments use Drug Recognition Experts (DREs) — officers trained to identify drug impairment. A defense attorney can challenge whether these methods were properly administered and whether the results are reliable.
A first drug DWI in Missouri is typically a Class B misdemeanor, carrying up to six months in jail and fines. A second offense within five years is a Class A misdemeanor with up to one year in jail. Third and subsequent offenses become felonies. All DWI convictions — including drug DWI — carry potential license suspension or revocation and may require an ignition interlock device.
Possible defenses include challenging the officer's basis for the traffic stop, questioning whether field sobriety tests were properly administered, disputing the reliability of blood or urine test results (chain of custody, lab error), and arguing that observed symptoms had an innocent explanation such as fatigue or a medical condition. Every case is different — a defense attorney reviews all the evidence to identify the strongest arguments available.
A drug DWI conviction becomes part of your criminal record and will appear on most background checks. Missouri's expungement law under Section 610.140 RSMo allows some DWI offenses to be expunged after a waiting period and under specific conditions. An attorney can evaluate whether your case qualifies for expungement after it resolves.
Call Chris Miller for a free consultation. Your case stays with one attorney from start to finish.