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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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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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