Driving while intoxicated (DWI) stops are stressful—after all, how you respond can affect whether law enforcement thinks you’re impaired. When you understand your rights and the potential stakes, you can make more informed choices. If you’re arrested, consulting an experienced DWI defense lawyer is the best way to protect your rights going forward.
Pull Over Safely
As soon as you see police lights behind you, slow down and pull over to the right side of the road as soon as possible. Stay in your vehicle unless the officer instructs you to step out. Keep your hands visible on the steering wheel and stay calm.
Once the officer approaches, they’ll probably ask you for your driver’s license, registration, and proof of insurance. You’re required to provide those documents. However, you’re not required to answer every question about where you’ve been or how much you’ve had to drink. Politely provide identification, but you can decline to discuss your activities or consumption.
Field Sobriety and Preliminary Breath Tests
You may be asked to perform field sobriety tests if the officer thinks you’re impaired. These are physical coordination tests. Missouri law does not require you to take these tests. You can say no, which may limit the amount of evidence collected against you. However, the officer may still decide to make an arrest based on your refusal and other observations.
The same applies to a preliminary breath test on the side of the road. This handheld device estimates your blood alcohol concentration (BAC). The officer can still arrest you if they believe you were driving while drunk or drugged.
Chemical Testing, Implied Consent, and Arrests
If you’re arrested for DWI in Missouri, the police will ask you to take a chemical test. This is usually a breath, blood, or urine test to better measure your BAC. Under Missouri’s “implied consent” law, anyone who drives a vehicle in the state automatically consents to this testing if lawfully arrested for a DWI-related offense.
Refusing the chemical test carries serious consequences. The Missouri Department of Revenue can suspend your driver’s license for one year for a first refusal, even if you aren’t convicted later. You have the right to request a hearing to challenge that suspension, but you only have 15 days to do so.
If you submit to the test and your BAC is 0.08% or higher (0.04% for commercial drivers and 0.02% for drivers under 21), you’ll face both criminal and administrative penalties.
Once arrested, you’ll likely be taken to a local police station or jail for booking. You have the right to contact an attorney as soon as reasonably possible. Don’t speak to law enforcement without your lawyer present. Invoking your right to remain silent isn’t admitting guilt—it’s protecting yourself from saying something that could be used against you later.
If the police want to question you further, clearly say that you want a lawyer. Any questioning should stop once you’ve made that request. Even if it doesn’t, keep quiet until you can talk to a lawyer.
Protect Yourself Going Forward With Frank & Juengel Law Group P.C.
The sooner you get legal guidance, the better your chances of protecting your license and record. Don’t discuss your case with anyone but your lawyer, and don’t post about it on social media. Keep copies of all paperwork, including the ticket, any notice of suspension, and release documents. It’s also wise to write down everything you remember about the stop. Details fade quickly, and your notes can help your attorney identify possible defenses.
Contact Frank & Juengel Law Group P.C. for experienced legal support and an aggressive DWI defense.