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Time for Filing - DWI

In Missouri, the time for filing Driving While Intoxicated charges is limited by the general criminal statute of limitations. These time limits for bringing criminal charges are defined in RSMo. 556.036.

For a Misdemeanor including a first or second offense DWI the limitation is one year.

For a Felony including a third or subsequent DWI the limitation is three years.

Certain factors may extend the deadline for filing such as fleeing the jurisdiction, concealing onseself from prosecution or during a time when the accused is mentally unfit to proceed pursuant to 552.020.

The statute is satisfied as soon as criminal charges are filed either by a misdemeanor information or felony complaint or indictment.

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Missouri DWI - Administrative License Suspension - When you blow over .08%

When a driver is arrested for suspicion of Driving While Intoxicated, submits to chemical testing of their blood alchol content and the result of that test is over the legal limit (.08%) an automatic administrative action is taken against the driver's driving privilege.

This action is defined in RSMo. 302.525.  For a first offense, the action will be an Administrative Suspension for 90 days. For a second or subsequent offense it will be a one year Administrative Revocation.  In either case, the administrative action is automatic and independant of any criminal prosecution that may also occur.

The driver's license will be taken by the arresting officer.  The driver will be given a piece of paper that the officer usually tells them is a temporary driving privilege for 15 days before their suspension begins.  What it actually is is an official notice of suspension and rights to appeal the loss of license.  It is very important because after on 15 days from the date of that notice, the driver loses his or her opportunity to appeal or challenge the suspension forever if they have not requested a hearing.

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Missouri DWI Law - The Basics

In Missouri, the crime typically referred to as Drunk Driving is knows as Driving While Intoxicated or DWI.  in other states, it is knows as Driving Under the Influence or DUI. Specifically speaking, there is no offense of DUI in Missouri.  All alcohol or drug related driving offenses where impairment is alledged are DWIs or Driving While Intoxicated.  A related offense Driving with excessive Blood Alcohol Content or BAC is also recognized in Missouri, but seldom used save in very specific fact circumstances or as a part of a plea bargain.

Statutory Authority and Definition

The criminal offense of Driving While Intoxicated is defined by Missouri Law in RSMo. 577.010 which states:

"A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.

While on the surface it seems straight forward enough, certain questions arise as to the specific meaning of the words used to define the offense. Such as:

  1. What does it mean to "operate" a motor vehicle?  Open the door?  Roll down the windows?  Does the motor vehicle need to move?  Does the engine need to be running?
  2. What is a "motor vehicle"?  Does a lawn mower count?  Does it need to be a gasoline engine?  What about a moped in bicycle mode?
  3. What is intoxicated?

RSMo. 511.001 is a definition section that helps clarify some, but not all of these questiions.  It says in part:

  1. As used in this chapter, the term "drive", "driving", "operates" or "operating" means physically driving or operating a motor vehicle.
  2. As used in this chapter, a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

Not real helpful, is it?

That's where the courts step in and try to help further define these issues, which will be discussed in other posts.


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Contact Info

  • Worsham Law Firm
    325 South Ave
    Springfield, MO 65806
    (417)863-9455
    Fax: 417-863-9459

Help! I got a DWI!

  • 1. Don't Panic.
    People get arrested for DWI all the time. It's not the end of the world. Take a Deep Breath and realize that this is a problem that can be handled. You will get through this.
  • 2. Gather all your paperwork
    You probably received quite a bit of paperwork. Get it all together and keep it that way. Your lawyer will want to review it and some of it contains specific information related to your driving privileges.
  • 3. Act Quickly
    In order to preserve your rights it is important to get a lawyer working on your case immediately. You can begin to lose your opportunity to challenge aspects of your case in as little as 15 days.
  • 4. Hire a lawyer
    By using our online submission form, you can quickly and easily hire Will Worsham and his staff of trained paralegals to begin work on your case. Our site is secure and your personal information is protected.

What to do if stopped for DWI.

  • 1. Be Polite and Respectful
    The officer is just doing his or her job. There is no reason to be rude or disrespectful and it will definitely NOT help your case to be unkind.
  • 2. Do NOT Answer Questions.
    The officer will likely ask you if you have been drinking, where you have been, how much you've had to drink, etc. You have a Constitutional right not to answer these questions - - so don't. Politely tell the officer that you intend to exercise your constitutional rights not to answer questions.
  • 3. Ask if you are free to leave.
    If the officer tells you that you are not free to leave then any further questioning may result in a custodial interrogation invoking additional constitutional protections of your rights. You should politely inquire as to the officer's reason for stopping you and respectfully ask him or her to write you your ticket so that you can be on your way.
  • 4. DO provide your license and proof of insurance
    Always keep these items where you can quickly and easily locate them. Even completely sober people can sometimes fumble and search for proof of insurance that they stowed in their car months ago, but officers and prosecutors often make much of a person's inability to quickly locate these items.
  • 5. DO NOT perform Field Sobriety Tests
    There is no requirement that you perform Field Sobriety Tests. These tests include the Horizontal Gaze Nystagmus Test (eye test), Walk & Turn Test and One Leg Stand Test. Officers also routinely ask suspects to recite the alphabet without singing, count a specific series of numbers, touch fingertips or other tests. Just Say No.
  • 6. DO NOT take the Portable Breath Test (PBT)
    Many officers in Missouri now carry in their patrol cars what is known as a Portable Breath Test or PBT. While the result of this test cannot be used in court to support a conviction for DWI, it can be used to established probable cause to arrest. You are not required to take this test.
  • 7. Expect To Be Arrested
    At this point, although the officer has little if any evidence of intoxication (unless you are slobbering drunk and falling all over yourself in which case you REALLY SHOULDN'T BE DRIVING!) the officer is probably very frustrated that you have excercised your rights and will usually arrest you out of spite. Go along quietly -- he or she has every right to do so.
  • 8. Make An Informed Decision about the BAC Test.
    Once arrested and at the station you will be given the opportunity to submit to the official BAC test pursuant to Missouri's Implied Consent Law. Understand that by refusing to take the test, your license will be revoked for a year. However, taking the test will give the officer crucial evidence in proving a DWI case against you. The choice is yours and it is a difficult one. Without a test of Blood Alcohol Content and absent other evidence of intoxication, it is often difficult for the prosecution to prove their case in court when defended by an experienced DWI Trial attorney.

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