Springfield DUI Defense Lawyer

What Happens to My Driver’s License After a DWI Arrest?

A DWI arrest triggers two separate legal actions: criminal proceedings and an administrative license suspension case managed by the Department of Revenue (DOR). You only have 15 days after your arrest to request an administrative hearing with the DOR to challenge your license suspension. If you miss this window, your suspension will automatically take effect, even if you aren’t convicted. 

If your license is suspended on a first-time offense, you generally face a 30-day “hard” suspension where you can’t drive at all, followed by 60 days of Restricted Driving Privileges (RDP). If you’re facing a longer revocation or don't qualify for an RDP, you may still be eligible to apply for Limited Driving Privileges (LDP), which allow you to drive to work, school, or medical appointments. 

The 15-day deadline passes quickly when you’re trying to make sense of the charge, retrieve your vehicle, and figure out what to do next, making it crucial to contact our office as soon as possible. We can help you file the necessary paperwork to request your DOR hearing, fight to protect your driving privileges, and guide you through the appropriate application process so you can continue providing for your family.

What Are the Penalties for a First DUI Conviction?

A first DWI offense is usually charged as a Class B misdemeanor. 

Potential penalties include:

• Up to six months in jail. 
• A fine of $500 to $1,000.
• Up to two years of court-ordered probation.
• A 30-day license suspension followed by a 60-day restricted driving period.
• Mandatory completion of the Substance Abuse Traffic Offender Program (SATOP).

A second DUI within five years of the first is classified as a Class A misdemeanor. This can result in a “prior offender” status and stiffer penalties, including up to one year in jail, up to $2,000 in fines, SATOP and SR-22 requirements, and a longer loss of driving privileges. Because consequences increase with each offense, speaking with our attorney early gives you more options to protect your record and license.

Can I Refuse a Breathalyzer or Blood Test in a DUI Traffic Stop? 

Under Missouri’s implied consent law (RSMo § 577.041), anyone who drives on public roads is deemed to have consented to chemical testing if an officer has reasonable grounds to suspect they are driving while intoxicated. Refusing a test can result in an immediate one-year revocation of your license, separate from any criminal penalties.

Field sobriety tests are different. Declining roadside exercises like the walk-and-turn or one-leg stand carries no license penalty. If your license was revoked for a refusal, you have 30 days to file a petition for review. We can investigate whether the officer had reasonable grounds for the arrest, whether the implied consent warning was given properly, and whether a refusal actually occurred.

Can I Get a DUI for Prescription Drugs or Marijuana?

Yes. DWI covers impairment from alcohol, controlled substances, other drugs, or a combination of both. While recreational marijuana is legal, impaired driving is not. This means you can be convicted for driving under the influence of cannabis, illicit drugs, or even legally prescribed medications if they impair your ability to drive safely. 

Unlike alcohol, there is no legal limit for THC or most medications. In our experience defending drugged driving (DUID) cases, law enforcement often relies heavily on subjective observations. Very few officers are certified Drug Recognition Experts (DREs), and their interpretations may be susceptible to cross-examination. 

What we typically recommend at this stage is a rigorous challenge to the arresting officer's qualifications. We coordinate with independent toxicologists and other relevant experts to demonstrate that the mere presence of a substance in your system does not equate to active impairment at the time of driving.