What happens in the minutes after you are pulled over for suspected DWI can have a significant impact on how your case proceeds. Most people do not know their rights during a DWI stop — and officers are trained to use that to their advantage. The more you understand about what you are and are not required to do, the better positioned you will be if charges are filed.
If you have already been arrested, call Bur Oak Legal for a free consultation. The decisions made immediately after an arrest — including a 15-day deadline to contest your license — matter enormously.
(573) 499-0200A traffic stop for suspected DWI is stressful and moves quickly. Officers are trained to gather evidence and observe behavior from the moment you pull over. Knowing what you are and are not legally required to do can protect you.
When you see emergency lights, signal and pull to the right as soon as it is safe to do so. How you pull over is observed and can be noted in the officer's report. Erratic braking, slow response, or pulling into an unsafe location adds to the officer's record of your driving behavior.
You are legally required to provide your driver's license, vehicle registration, and proof of insurance when asked. Have these ready — fumbling through your glove box is also observed. Beyond providing these documents, you are not required to say anything further.
You have a Fifth Amendment right to remain silent. Officers will typically ask questions like "Where are you coming from?", "Have you had anything to drink tonight?", or "How many drinks did you have?" You do not have to answer these questions. A polite, firm response — "I prefer not to answer questions without an attorney" — is your right. Anything you say can and will be used against you in court.
Field sobriety tests — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are voluntary in Missouri. You can politely decline. These tests are designed to give officers probable cause to make an arrest; they are subjective and can be failed for reasons unrelated to alcohol, including nervousness, fatigue, or medical conditions. Refusing them eliminates that evidence from the case.
Field sobriety tests (roadside tests before arrest) are voluntary. The breathalyzer or blood test requested after a lawful arrest is different — Missouri's implied consent law under Chapter 577 RSMo requires you to submit to a chemical test after a lawful DWI arrest, or face an automatic one-year license revocation. These are two different decisions with different consequences.
If the traffic stop results in an arrest, the decisions you make in the first hours and days significantly affect your options. Here is what matters most.
You have the right to consult with an attorney before deciding whether to submit to chemical testing. Exercise that right. The sooner you contact a DWI defense attorney, the more options you have — including the 15-day deadline below.
After a DWI arrest in Missouri, you have 15 days to request an administrative hearing to contest your license suspension. If no hearing is requested, the suspension becomes automatic. This is one of the most time-sensitive actions in a DWI case — do not wait.
Write down everything you remember about the stop as soon as possible: the reason the officer gave for pulling you over, what questions were asked, how tests were administered, and anything else you observed. Memory fades quickly. Your recollection may reveal inconsistencies with the officer's report.
Dashcam and bodycam footage from the officer can be critical evidence — and it is sometimes deleted or overwritten within days. An attorney should issue a preservation request as soon as possible after arrest to ensure the footage is not lost before your case is heard in Boone County Circuit Court.
Statements, photos, and videos posted on social media can be used as evidence in your criminal case. Prosecutors regularly review social media. Do not post about the arrest, the stop, or anything related to the night in question until your case is resolved.
Understanding your rights in a DWI stop is not about being difficult with law enforcement. It is about protecting your legal position before any charges are filed. Officers will not remind you of these rights during the stop — that is your attorney's job.
A first DWI offense in Missouri is a Class B misdemeanor, carrying up to six months in jail and a fine of up to $500. If someone was seriously injured in a DWI incident, the charge can be elevated to a felony with far more severe consequences. Even for a first time DWI offense, Missouri courts can impose jail time, license suspension, mandatory alcohol education programs, and ignition interlock device requirements.
The legal limit in Missouri is 0.08 percent blood alcohol content for drivers 21 and over. Driving while intoxicated at or above the legal limit — or driving in an intoxicated or drugged condition — is a criminal DWI offense under Missouri law. A DWI charge can also apply when a driver is impaired by drugs rather than alcohol, including prescription medications and controlled substances.
When law enforcement officers conduct a DWI arrest, they take the driver to the police station for processing and chemical testing. At the police station, the driver will be asked to submit to a breathalyzer test or blood draw. Remaining calm during this process is important — how a person behaves at the police station is also observed and documented by officers.
A first DWI offense is typically a Class B misdemeanor in Missouri. Penalties include up to six months in county jail, fines, a 90-day license suspension, and possible probation. If the driver had a BAC of 0.15 percent or higher, courts may require an ignition interlock device as a condition of any limited driving privilege. A second DWI offense within five years is a Class A misdemeanor, with up to one year in jail and a longer license revocation. Repeat DWI offenses are felonies.
Missouri DWI penalties escalate sharply with each offense. A third DWI within ten years is a Class E felony, carrying up to four years in prison and a ten-year license denial. Aggravated DWI charges apply when a driver's BAC is 0.15 percent or higher. Missouri also adds points to a driver's record after a DWI conviction. An SR-22 certificate of financial responsibility is typically required before driving privileges can be restored. Completion of the Substance Awareness Traffic Offender Program (SATOP) is mandatory for all DWI offenders before reinstatement.
If a driver is arrested for DWI while a passenger under the age of 17 is in the vehicle, Missouri law escalates the charge. A DWI with a minor in the vehicle can be charged as a Class A misdemeanor even for a first offense, with enhanced penalties including additional fines and a longer license suspension. The presence of a minor is an aggravating factor that prosecutors in Columbia and Boone County take seriously.
Missouri law also imposes additional penalties when a DWI results in an accident causing serious physical injury or death. A DWI that causes serious injury can be charged as a Class E felony. A DWI that causes the death of another person can be charged as aggravated DWI — a Class B felony — or as involuntary manslaughter in the second degree. These are among the most serious criminal charges in Missouri law.
After a DWI conviction in Missouri, post-conviction requirements typically include completion of a Substance Awareness Traffic Offender Program, payment of reinstatement fees to the Missouri Department of Revenue, and installation of an ignition interlock device for elevated BAC cases or repeat offenses. A court order may also require alcohol treatment or community service as conditions of probation. Complying with these requirements is mandatory to restore driving privileges.
Missouri courts can issue a court order restricting or monitoring a driver during probation following a DWI conviction. Violating the conditions of probation — including ignition interlock requirements — can result in immediate license revocation and additional criminal penalties.
For a DWI in Columbia or elsewhere in mid Missouri, Chris Miller evaluates every aspect of the case — from the traffic stop to the chemical test results — to identify the strongest defense arguments. Trial experience matters in DWI cases. Some cases are resolved through negotiation; others require a trial. An attorney with actual trial experience in Boone County courts is in a better position to push for a more favorable outcome, whether that means reduced charges, suppression of evidence, or an acquittal.
The first step is always a free consultation. No DWI case in Columbia, MO is identical — the legal defense strategy depends on the specific facts, the BAC reading, the officer's conduct during the traffic stop, and the client's prior history. Staying calm, acting quickly, and engaging legal assistance early gives you the best chance at the best possible outcome.
You are required to provide your name, driver's license, registration, and proof of insurance when stopped by police. Beyond that, you have the right to remain silent under the Fifth Amendment. You do not have to answer questions about where you were, what you drank, or how much you had to drink. Politely declining to answer questions beyond providing your documents is your legal right.
No. Field sobriety tests — walk-and-turn, one-leg stand, horizontal gaze nystagmus — are voluntary in Missouri. You can politely decline. Officers use field sobriety tests to build probable cause for arrest; refusing them eliminates some evidence but does not prevent an arrest if the officer has other reasons to believe you are impaired.
Missouri's implied consent law requires drivers who are lawfully arrested for DWI to submit to a chemical test — breath, blood, or urine. Refusing after a lawful arrest triggers a one-year license revocation under § 577.041 RSMo, which is longer than the suspension for failing the test. The decision to refuse or comply is a significant one — context matters, and you should talk to an attorney as soon as possible.
After a DWI arrest: (1) Do not make statements to police beyond what is legally required. (2) Contact a DWI defense attorney as soon as possible — ideally the same night. (3) Write down everything you remember about the stop while it is fresh. (4) Note that you have only 15 days from the date of arrest to request an administrative hearing to contest your license suspension — this deadline cannot be extended.
Police need reasonable suspicion to make a traffic stop — something observable that suggests a traffic violation or criminal activity. After the stop, they need probable cause to make an arrest — enough evidence to reasonably believe the driver is impaired. Both standards matter in a DWI defense. If the initial stop was unlawful, evidence obtained during the stop may be suppressed.
Yes. Video footage from the officer's dashcam or bodycam often shows what actually happened during the stop — the driving behavior, the officer's instructions, and how field sobriety tests were conducted. This footage can contradict the officer's written report. Requesting this evidence early is important because footage is sometimes overwritten within days of an arrest.
You have a 15-day deadline to contest your license. Call Chris Miller now for a free consultation — no fee unless we win.