Whiteaker & Wilson, PC, d/b/a Law Office of Stuart P. Huffman
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DWI/DUI: Missouri Drunk Driving Defense Lawyers

Driving while intoxicated (DWI), also known as driving under the influence (DUI), is a crime that is taken very seriously in the state of Missouri. In fact, legislation is currently in process that could make penalties even more serious than they currently are.

As it is now, a conviction for drunk driving leads to penalties that include fines, community service, driver’s license suspension and the requirement to purchase special insurance because of the violation. And that’s just on the first offense, which will also lead to you having a criminal record because it is a misdemeanor charge. Repeat offenders are at risk of even more serious consequences and the potential of being charged with felony DWI/DUI.

The experienced criminal law attorneys at Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman, defend people in Springfield and the surrounding Missouri communities against all misdemeanor and felony drunk driving charges.

Know Your Options in DWI/DUI Cases

Whether you blew into the Breathalyzer or not, you have options. Our lawyers will tell you what they are. In fact, we will take the time to educate you about everything from possible sentences and how we can help you avoid them to how to present yourself in front of the judge when you go to court.

Our experience means we truly understand all of the options available to you in your DWI/DUI case. Depending on the facts of your case, the option may be available to have the charge taken off your record completely and receive no points after a period of probation. In other words, you may be able to get through this with much less damage than you thought. Alternatively, there are cases in which the situation requires trial.

It is not uncommon for people to receive a DWI when they have only had one or two beers. Our attorneys are experienced in handling these and all other DWI cases, through every stage of the process, including trial when necessary.

Drunk Driving Frequently Asked Questions In Missouri

Our clients have a lot of questions. Here are the ones our attorneys hear most often:

What is the legal limit for drunk driving in Missouri?

It depends. For most drivers, the legal blood alcohol content (BAC) in Missouri is .08%. That’s automatic, or “per se,” drunkenness, even if a driver does not seem impaired. For drivers under 21 years of age, Missouri has a “zero tolerance” policy, so the legal BAC limit is .02%. For someone with a commercial driver’s license (CDL), the legal limit is .04%, even if they are in their own car.

What are the potential penalties for a DWI?

For a first offense, drivers convicted of DWI in Missouri face up to six months in jail and a $1,000 fine. They will lose their license for 30 days and have a restricted license for 60 days. They may also be required to have an Ignition Interlock Device (IID).

Can I refuse to take a breathalyzer test?

“Implied consent” laws in Missouri require all motorists to submit to chemical testing on their blood, breath, urine or saliva if they are arrested for driving while intoxicated. If you refuse, you will generally have your license revoked for one year, followed by an Ignition Interlock Device requirement for another six months.

Do I need a lawyer to handle a DWI?

If you want to avoid a DWI conviction or mitigate the consequences of a conviction, the smartest thing you can do is to get an experienced attorney. They will protect your rights and help you navigate the criminal defense process, explore your options and make informed decisions.

Will I lose my driver’s license?

If your BAC is above the legal limit, the officer will take your license and give you notice that your license will be automatically suspended after 15 days. The notice gives you a 15-day driving permit, during which time you can request a hearing to contest the suspension or request a hardship license so that you can still drive for school, work or medical needs.

Will I be able to get a hardship license if I get convicted of a DWI in MO?

It may be possible. Missouri law permits certain individuals with a DWI conviction to seek Limited Driving Privilege. This serves as a hardship license for essential travel such as for employment or education. Eligibility depends on the type of suspension, prior alcohol‑related actions and compliance with ignition interlock requirements under Missouri law. 

Some drivers are barred from applying, including those with persistent or aggravated offender classifications. Applicants must also submit the correct forms, provide proof of insurance and meet court or Department of Revenue conditions. A lawyer can evaluate your record, determine whether statutory restrictions apply and help ensure the petition is filed in the proper venue.

Can I get a DWI expunged from my record in Missouri?

Yes, in certain situations. A first DWI conviction may be eligible for expungement under Missouri Revised Statute 610.130 if strict statutory criteria are met. The law requires that:

  • At least 10 years have passed from the date of your conviction
  • The offense is your first alcohol‑related driving conviction
  • You have no subsequent alcohol-related arrests or convictions

Certain drivers, including commercial license holders and those involved in accidents that cause injury, are not eligible. 

The expungement process involves filing a petition, notifying required parties and demonstrating compliance with statutory conditions. An attorney can confirm your eligibility and guide you through each procedural step

Can I be charged with a DWI for marijuana or prescription drugs in Missouri?

Yes. A Missouri DWI charge may be based on impairment from marijuana, prescription medication and other controlled substances, not just alcohol. State law prohibits operating a vehicle while under the influence of any substance that impairs safe driving ability. Because there is no numerical limit for most drugs, officers rely on observations, field sobriety evaluations and chemical testing to assess impairment. 

Even lawfully prescribed medication can result in arrest if it affects your coordination or judgment. Drug‑related DWI cases often involve complex toxicology issues, including the timing of ingestion and the presence of active metabolites, which require careful legal and scientific review.

Start With a Free Initial Consultation

For a free initial consultation with a Springfield DWI/DUI attorney, call us at 417-413-5858 or send us an e-mail.

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