DWI/DUI: Missouri Drunk Driving Defense Lawyers

Driving while intoxicated (DWI), also known as driving under the influence (DUI), is a crime taken seriously under Missouri law. Melanie’s Law and Bentley and Mason’s Law (HB 1740) took effect in August 2026, expanding ignition interlock device requirements, increasing penalties for fatal crashes and introducing new financial obligations for convicted drivers whose actions leave children without a parent.

A first DWI conviction triggers both a criminal case in court and a separate Department of Revenue administrative process. These two tracks run simultaneously and each carries its own deadlines, hearings and consequences. The experienced criminal law attorneys at Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman defend people in Springfield and 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 explain what they are clearly and honestly. We review every aspect of your case, including whether law enforcement had valid probable cause to stop your vehicle, how field sobriety tests were administered and scored and whether the chemical testing equipment was properly calibrated and maintained at the time of your arrest. 

Breathalyzer and blood test results are not always reliable and challenging the accuracy of that evidence is a core part of how we build DWI defenses for Springfield-area clients.

Depending on the facts of your case, it may be possible to have the charge removed from your record after a period of probation. In other situations, the case requires trial. We handle every stage and give you an honest assessment of realistic outcomes.

Understanding The Department Of Revenue Administrative Hearing Process

When you are arrested for DWI in Missouri, the arresting officer will confiscate your license and issue a 15-day driving permit. That 15-day window is critical. Under § 302.530 RSMo, you or your attorney must request an administrative hearing with the Department of Revenue before that period expires or your license will be automatically suspended without any review.

The administrative hearing is entirely separate from your criminal case. A hearing officer – not a judge – reviews whether the arresting officer had probable cause to stop your vehicle, whether you were lawfully arrested and whether your BAC met or exceeded the legal limit or whether you refused chemical testing. You can win your criminal case and still lose your administrative hearing, or vice versa, because the two processes operate under different legal standards.

• Key things to understand about the administrative hearing:
• Requesting a hearing within 15 days stays the automatic suspension while the hearing is pending
• The hearing examines the lawfulness of the stop and arrest, not guilt or innocence
• Losing the administrative hearing does not prevent you from fighting your criminal charge
• An attorney can appear at the hearing on your behalf and cross-examine the arresting officer

Missing the 15-day deadline is one of the most common and costly mistakes DWI defendants make. Contacting an attorney immediately after your arrest gives you the best opportunity to protect your driving privileges while your criminal case moves forward.

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?

A first DWI offense in Missouri carries both criminal penalties and separate administrative consequences through the Department of Revenue.

On the criminal side, a first offense under § 577.010 RSMo is a Class B misdemeanor carrying up to six months in jail and fines up to $500.

On the administrative side, the Department of Revenue can impose a 90-day license suspension under § 302.505 RSMo independent of your criminal case outcome. Under HB 1740, first-time offenders with a BAC of .15% or higher or any offense involving property damage or personal injury now face a mandatory Ignition Interlock Device requirement under § 577.600 RSMo.

Because the criminal and administrative processes run on separate timelines, both require prompt legal attention to protect your driving privileges and your record.

What happens if I have a prior DWI conviction in Missouri?

Missouri law escalates DWI charges based on prior alcohol-related enforcement contacts. Each classification carries heavier penalties than the last:

• Prior offender (one prior contact within five years): Class A misdemeanor, up to one year in jail and fines up to $2,000
• Persistent offender (two or more prior contacts): Class E felony under § 577.023 RSMo
• Aggravated offender (three prior contacts): Class D felony
• Chronic offender (four or more prior contacts): Class C felony with mandatory minimum prison sentences

Beyond jail time and fines, a felony DWI conviction can affect your employment, professional licenses and civil rights. Drivers classified as persistent or aggravated offenders are also barred from seeking Limited Driving Privilege. If you face a repeat DWI charge in Springfield, contact our office immediately.

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 imited 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 email.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.