An arrest and conviction for driving while intoxicated (DWI) can affect your freedom, family, and finances long after your last day in court. State law enforcement officers and judges take this offense seriously. Here are questions drivers in Missouri often ask about this crime. 

Common Questions About Driving While Intoxicated in Missouri

Do officers ask drivers to perform tests before making DWI arrests?

Yes, but drivers can refuse to perform these evaluations when asked. Missouri law enforcement officers are trained to administer three field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA).

These science-based standardized field sobriety evaluations help officers decide whether to arrest drivers for driving while intoxicated.

What are the purposes of the evaluations?

The first evaluation, the horizontal gaze nystagmus (HGN), tracks involuntary eye movement, which is affected by alcohol in the system. Second, the walk-and-turn (WAT), tests coordination and the driver’s ability to follow directions.

The one-leg-stand (OLS) tests balance. Failing at least one test, plus having the odor of alcohol on the breath and person, glassy eyes, and slurred speech typically leads to arrest. 

Do I have to submit to a breath test if I get arrested?

Yes. Under Missouri's implied consent law, drivers arrested for DWI must submit to a chemical test of their blood, breath, urine, or saliva to determine the amount of alcohol or drugs in their system.

If you refuse this testing request, you have 15 days from the arrest date to file a law suit contesting the refusal. The state revokes your driver’s license for one year if you don’t file a lawsuit timely or if you lose the refusal hearing.

Can I drive after a first-time conviction for a DWI?

Perhaps. In addition to a fine and possible jail time, a first-time conviction for driving while intoxicated carries a driver’s license suspension for a minimum of 90 days, and eight points are assessed against the license.  Losing the administrative hearing for testing over .08 also results in the suspension.  

Drivers may qualify for limited driving privileges, including work, school, court obligations, and child care, by installing an ignition interlock device in their vehicle for the ninety days and carrying SR22 insurance.   The other option is to not drive for thirty days, get the SR22 and your license becomes a limited license.    

If you face charges of driving while intoxicated, seek help from the Law Office of Mike Hamilton. Based in Columbia, MO, this dedicated criminal defense attorney has extensive trial experience. His goal is to establish a strong defense for each client to obtain the best possible outcome. Find out more about his approach to DWI and DUI defense by visiting his website or calling (573) 825-5698 for assistance.

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