Missouri DWI Process

In every Missouri DWI case, there are many steps that are followed prior to arrest.  Below, you will find information regarding the stop, arrest, testing and booking procedures that typically occur in a Missouri DUI case.   Every jurisdiction is different, however, so be sure to contact a local attorney for more information on the particular facts and circumstances in your case.

Keep in mind that in every DWI in Missouri, there are two separate cases that flow from the same offense.  In addition to criminal penalties and charges, you will also have a separate civil case filed against you.  The following information explains the process and procedures you can expect in a typical DUI criminal case.  Please refer to the Missouri Driving Tab above for more information on the civil aspect of your DUI charges.

The Stop and Arrest

The first stage in most DWI cases is the initial traffic stop.  A DWI arrest is often made following a stop for a simple traffic infraction (such as speeding, failure to signal, improper lane usage, driving the wrong way down a one way street, running a red light, etc.).   An arrest may also occur following an accident or breakdown.  In such situations, the officer will not suspect impairment until after he makes contact and has an opportunity to make more observations of the suspect.

There are times, however, when the police may suspect they are dealing with a drunk driver before actual contact with the subject is made.  A suspect will be pulled over because the officer suspects they are too impaired to drive.  That suspicion may arise as a result of poor driving patterns, or it may be based on a tip that was received by another driver on the road.  See the DUI Stop section for more information.

Once stopped, if an officer suspects you to be DWI he will order you out of the vehicle for further investigation.  Field sobriety exercises may be administered. 

NOTE: You always have a right to refuse physical sobriety exercises.  These "tests" are designed for failure and are difficult for people to perform sober.  If you do decide to submit to the exercises, be sure to tell the officer about any injuries or illness or prior head injuries you have suffered.

A portable handheld breath test may be given to you, if you are in a jurisdiction that uses them.  If the officer determines he has enough evidence to believe a DUI has occurred, an arrest will be made.  Once you are placed into police custody and are being subjected to a custodial interrogation, your Miranda rights must be read to you.

Whether the police had enough evidence to justify your stop, detention, and arrest for DUI is a critical issue to any case.  You should discuss the facts of your case in detail with an experienced attorney in your jurisdiction.

Following a DUI arrest, a suspect is usually taken to a police station for the evidentiary breath test, blood test, or urine test.  In Missouri, you have a right to an independent or additional test.  Be sure to request one as soon as possible upon arrest if you think you are under the .08 legal limit.  If you requested an independent test and the officer failed to provide you with a reasonable opportunity to get one, then be sure to tell your attorney. 

The Missouri DWI Booking Process

As part of the booking process, you will be searched, fingerprinted, questioned, photographed, and placed into a cell.  Bail will be set and you will be afforded the opportunity to place a call to speak with a bonding company or a friend/relative to make bail post arrangements.

Release

There are two ways to be released following a MO DWI arrest - either through posting a bond, or release on your own recognizance.  If you are required to post a bond, whatever money you post will be returned to you at the end of the case unless you fail to report to your court hearings.

The Criminal Court Process in Missouri DWI Cases