Getting pulled over for suspicion of driving under the influence (DUI/DWI) can be stressful and confusing. What you say and do during the stop can affect both the criminal DUI case and your driving privileges, so it’s important to understand your rights and obligations.
Remain Calm and Compliant
If you see flashing lights in your rearview mirror, pull over safely and promptly. Keep your hands visible on the steering wheel and wait for the officer to approach. Avoid sudden movements, arguing, or reaching for items unless instructed.
When asked, provide your driver’s license, vehicle registration, and proof of insurance. You are required to provide this basic information during any traffic stop. However, you do not have to answer questions about where you’ve been, whether you’ve been drinking, or other potentially incriminating details.
Know How the Implied Consent Law Works
If the officer suspects you’re impaired, you may be asked to perform field sobriety tests or submit to a preliminary breath test (PBT) on the roadside. These tests are voluntary in Missouri. You can decline them – but that refusal may be used as evidence in court.
Under Missouri’s implied consent law, driving on Missouri roads means you have already consented to chemical testing if you are arrested for DWI. Refusal can result in a one-year license revocation, separate from any criminal charges.
If you refuse, the officer will likely take your license and give you a temporary 15-day permit. You have the right to request a hearing to challenge the revocation, but you must act quickly.
Stay Silent and Ask for an Attorney
If the officer arrests you for DUI, stay calm and cooperate. You will be transported to the police station or a testing facility.
Remember, you have the right to remain silent and to speak with an attorney. It’s always wise to exercise those rights. Tell the officer that you’re choosing to remain silent and would like to talk to a lawyer. Stay silent even if they keep questioning you.
Consequences of a DWI Arrest in Missouri
Missouri usually classifies a first-time DWI offense as a Class B misdemeanor. Class B misdemeanors are punishable by up to six months in jail, a $1,000 fine, and a 30-day license suspension. Aggravating factors can lead to more severe penalties, including felony charges. These factors include a high BAC, having a minor in the car, or causing death or serious injury.
The Missouri Department of Revenue handles your license suspension. This is a separate process to determine whether your driving privileges will be suspended or revoked, even if you’re not convicted in court.
Talk to a DWI Defense Attorney Right Away
You have a limited time to request a hearing or appeal a license suspension. Failing to act quickly can mean automatic loss of driving privileges. In most cases, the deadline to challenge a chemical test failure or refusal is 15 days from the notice date.
Taking immediate action allows you and your attorney to preserve evidence before it disappears. Your attorney will also help you understand your legal options and protect your rights during any police interactions. After that, they’ll begin preparing your defense strategy. Your defense may involve challenging whether the stop was legal, whether the tests were accurate, or whether law enforcement followed all required procedures.
Discuss Your Case with a Missouri DUI Defense Attorney Today
DUI charges don’t automatically lead to a conviction. Martin & Birdsong, Attorneys at Law, help clients throughout Missouri who are facing DUI and related charges. Contact us to discuss your case today.