Have you ever seen an ad discussing how difficult, stressful, and costly driving while intoxicated (DWI) charges can be? We have to admit, they’re not wrong. DWI charges in Springfield, MO, are anything but a walk in the park, and the sentences that come from them can get pretty severe. 

If you’re facing a DWI charge, not knowing this from the start, you may be tempted to handle everything on your own. But after decades of handling DWI cases as both prosecution and defense, and literally writing the book on how to survive a first-time DWI, we can confidently say you stand a much better chance in the courtroom with a DWI attorney at your side.

As experienced DWI lawyers in Springfield, Missouri, we’ve probably heard about every question that comes to mind when someone gets arrested for DWI. “Am I going to jail?” “Will I lose my license?” “Should I have refused to take a breathalyzer test?” They’re all legitimate concerns that demonstrate why you need a trained professional to help you. MRD Lawyers is here to both provide you with answers and help guide you through Missouri’s legal system. 

Missouri DWI Laws

Many people don’t know this, but the moment you get a ticket for a DWI arrest, two different processes are triggered: one for your driver’s license and one for your criminal charge(s). On one side, Missouri’s Department of Revenue (DOR) will start reviewing your case to see if your license should be revoked or suspended. Sometimes, the DOR will act as judge and prosecutor for this process.   

On the criminal side, your case will be handled by the state or local courts and prosecutors. Under the Revised Statutes of Missouri (RSMo), a DWI occurs when someone “…operates a vehicle while in an intoxicated condition.” RSMo §577.010 further defines “intoxicated condition” as being under the influence of alcohol, a controlled substance, a drug, or any combination of the three. 

In other words, if you’re pulled over after having a couple of drinks, you can still get charged with a DWI even if your blood alcohol content (BAC) is under the legal limit (0.08%). If your BAC is over the legal limit, you can also get charged with “Driving with Excessive Blood Alcohol Content” (RSMo §577.012).

Depending on your case, both charges can be classified as a misdemeanor or a felony. Things like your driving record, injuries to other people, or the age of any passengers in your car can all factor into the level of your offense, and the accompanying punishments escalate fast. In addition to losing your license or having to use an interlock device on your car, you could face substantial jail time and expensive fines: 

Level of Offense Punishment
Felony A
  • 20+ years to life in prison
  • Possible death penalty
Felony B
  • 10 – 20 years in prison
Felony C
  • 10 years in prison
  • Up to $10,000 fine
Felony D
  • 4 – 10 years in prison
  • Up to $10,000 fine
Felony E
  • 10 years in prison
  • Up to $10,000 fine
Misdemeanor A
  • 6 months or more in prison
  • Up to $2,000 fine
Misdemeanor B
  • 30 days to 6 months in prison
  • Up to $1,000 fine

Missouri’s Zero Tolerance Law

The driver’s age is another factor that can greatly impact a DWI charge. Missouri has zero tolerance for underage drinking, so if you’re under 21 and caught driving with a BAC of 0.02% or more, you’re automatically charged with a DWI. Again, the level of the DWI can vary based on a bunch of factors, but a single beer can reduce any chance of getting off with just a warning down to….well, you get the idea.

Suspended Sentencing

Missouri will sometimes opt for a “Suspended Imposition of Sentence” (SIS) if the DWI is your first or charged as a low-level misdemeanor. An SIS means the court will agree to hold off sentencing a defendant if they plead guilty and agree to certain court orders, such as probation. If you meet the court’s requirements, it won’t sentence your case to further punishment.

Important Case Facts for a DWI Attorney

As you can see, DWI cases can get complicated quickly. To assemble a strong defense, you need to know which facts are the most important and how to act upon them immediately. Luckily, the best DWI lawyers will already have some key questions ready, so they can hit the ground running if you hire them.  

Did You Submit to a Breath Test?

Remember how getting a ticket for a DWI arrest triggers a second process alongside the criminal charges? Well, on that driver’s license side, one of the first things we ask is if you submitted to a breath test. We like to know this right up front to figure out the status of your license.

At the time of your arrest, you were probably given Missouri DOR Form 2385 to act as a temporary driver’s license for the next 15 days. This is because, under Missouri’s Implied Consent Law, your regular license can be revoked for up to 90 days if you agree to take a breath test. If you refused to take a breath test, you could instead lose your license for up to a year (RSMo §302.574). If that happened in your case, we’ll need to file a lawsuit on your behalf as soon as possible to halt that process. This will allow you to legally continue driving while the criminal side of your case is filed and resolved. 

Using the Form 2385 you received, the lawsuit we file will request a hearing with the DOR, which you can choose to have held in person or over the phone. Truthfully, we’ll know which option is best for your case only after we’ve had a chance to meet with you during a free consultation. Both have pros and cons, but since the DOR often acts as prosecutor and judge for these hearings, they can be challenging regardless. Still, we always take advantage of pursuing them as they can (at a bare minimum) provide more information about your case from the arresting officer. 

Is This Your First DWI?

The second thing we ask is how many DWI pleas or guilty verdicts you’ve had in the past. This question is to determine the level of opposition you’re likely to face going forward. 

First-time DWIs are treated much differently than fourth or fifth-time offenses. First offenses are commonly handled by local courts or junior members of the State Prosecutor’s Office. On the other hand, repeated violations will probably be handled by more senior members (like Assistant Prosecutors) who will follow your case more closely and prosecute it more aggressively.

As you can imagine, knowing this right away will help set expectations for building a defense and how to handle your case in general. 

Where Were You Arrested?

Finally, it’s also important to know where you were arrested and by whom. Jurisdiction is a big factor in the legal world, but even if it wasn’t, the prosecutors in Republic and Strafford don’t approach cases the same way as those in Christian County. Similarly, prosecutors in Greene County don’t treat cases the same as those in Nixa or Ozark. 

Those differences and being familiar with them can have a huge impact on the outcome of your case. A high-profile DWI attorney from St. Louis or Kansas City, for example, would face a disadvantage in handling a case in Springfield, because they won’t be as familiar with the nuances of the local courts as a lawyer who practices in Greene County. 

Benefits of Hiring a DWI Lawyer

It doesn’t take a rocket scientist to see how serious a DWI charge can become or how much of an advantage it is to have a lot of specialized experience with the applicable laws and local courts. Even with all this in mind, there are still other benefits to having well-versed legal professionals by your side. 

Resolved Uncertainty

Having any kind of peace of mind throughout the proceedings is priceless, but you won’t find any if you’re constantly second-guessing what to do next. Missouri’s DWI legal system is stressful enough without worrying about how to speak legalese or how to defend your case in court. 

Having knowledgeable legal representation to guide you through the process is like having a flashlight while exploring a cave. It’ll still be tough, but you’ll feel a lot safer if you can see what’s in front of you.

Potential for Reduced Sentences

One of the biggest advantages separating a great DWI attorney from the best DWI attorney is having the most thorough understanding possible of the law and the courts. This can only happen by experiencing the process as both a prosecutor and a defense attorney. 

That degree of knowledge gives MRD Lawyers unique insights for your case, like how to best minimize the penalties you could face. Knowing how the judge responds to certain arguments or how the prosecution approaches certain cases could spell the difference between spending years in jail or on probation as part of an SIS.

Put Our Experience to Work for You

After we learn the basics of your case, we can dig further into the details of the situation. Who were you with? Are they potential witnesses? Who was the officer? How did the encounter with the officer go? What stands out to you? Based on these answers, we’ll start developing our legal defense and later supplement it with police reports, dash cam videos, etc., to create a plan of attack.

But we don’t stop at just the legal nuts and bolts. At MRD Lawyers, we push ourselves to discover who you are and your goals. A one-size-fits-all result isn’t what we do. We don’t plead every case, nor do we try every case. We listen to the client’s goals and do our best to meet those goals. 

You probably want this case to go away, but why? Will you lose your job? Let’s talk about how we can save it. Are you worried about your family or friends finding out? Let’s discuss how to avoid getting an ignition interlock on your car and make your case harder to find online. Were you wrongfully arrested? Let’s explore how to show that at trial. 

Whatever goals you have, the best way to address and achieve them is to set up a free consultation so we can review everything together. 

 

Frequently Asked Questions

Do you need a lawyer when you get a DWI?

DWI cases can be tricky, even for trained legal professionals. Trying to defend yourself isn’t recommended, even though you’re legally entitled to do so. You stand a much better chance of defending your rights and minimizing potential punishments by teaming up with an experienced DWI attorney.

Do you need a lawyer for your first DWI?

Hopefully, your first DWI is also your last. With that in mind, a knowledgeable Missouri DWI attorney will not only act as an expert guide through the process but also be able to strategically use your lack of prior DWI arrests to strengthen your case. This can be extremely helpful in defending your rights and minimizing any punishments you receive.

How do you choose a DWI attorney?

Finding the best DWI lawyer requires more than just opening a laptop and searching for “DWI Lawyers Near Me.” Some options can have a lengthy, successful legal career. Others may have younger (but highly specialized) practices focused on just DWI cases. A third option may have neither, but still deeply understand local courts and law enforcement. Ultimately, you’ll want a firm like MRD Lawyers that has all three: a long history of specializing in local DWI cases.