When someone is charged with DWI or DUI there are some common traits of the case(s) regardless of the jurisdiction charged.
However, there are some differences so, to help avoid confusion, this article is specific to Missouri.
When you are charged in Missouri with Driving While Intoxicated (DWI or DUI) based on alcohol intoxication there are two cases occurring simultaneously.
They are the criminal case in the city or county court and the administrative case regarding your driving privileges.
While you are not required to hire an attorney to represent you in these two cases, you should.
An attorney may find legal and factual defenses that you do not know exist.
When charged with a DWI in Missouri you likely will receive an administrative license suspension which is a separate action from the criminal case.
If you voluntarily provided a valid breath or blood sample and such sample registered over .
08% (unless you are under age or have a CDL license) you have 15 days to file for an administrative hearing to contest the suspension.
If the officer claims that you refused to give a valid sample (whether they got a sample from you involuntarily or not) you have 30 days to file a civil suit to contest the refusal suspension.
The state must show that you were arrested under probable cause to believe that you were driving while intoxicated and that you either tested over the legal limit or refused to submit to chemical testing.
The state only has to prove these elements by a preponderance of the evidence.
Unfortunately, the police officer can violate your constitutional rights and still obtain a suspension of your license under these circumstances.
In the criminal case the prosecutor must prove that you are guilty beyond a reasonable doubt.
A violation of your constitutional rights may affect the outcome of the criminal action.
Here the prosecutor must show that you were 1.
operating a motor vehicle and 2.
while in an intoxicated condition.
If the prosecutor shows that a chemical test result showed that your blood alcohol content was over .
08% then the state receives a presumption that you were intoxicated.
However, a test over the limit is not required to show intoxication and you can rebut this presumption of intoxication.
The prosecutor must also show that this intoxicated condition existed at the time that you were operating a motor vehicle.
The charge level of the criminal case depends upon the specific facts of the case as well as any prior alcohol incidents in your past.
If you have ever been convicted or received a deferred prosecutions for alcohol related offenses, including DWI charges in other states, this can raise the charge level of the current offense in Missouri depending upon the number of prior offenses.
Even properly completed deferred prosecutions could be used against you on the current case.
The prosecutor will have to prove these prior offenses in order for them to be counted against you.
The prosecutor in the criminal case and the hearing officer for the Department of Revenue in the administrative case must both show that there was probable cause to arrest you for DWI in Missouri.
One of the common pieces of evidence used for this purpose is the result of Standardized Field Sobriety Tests that police officers typically administer prior to making an arrest.
These tests are allegedly based upon scientific studies and are (perhaps intentionally) difficult to contest.
These standardized tests are derived from the National Highway Traffic Safety Administration.
The tests have to be properly administered in order to be valid.
In the end, I highly recommend that anyone charged with a DUI or DWI hire an attorney quickly.
This should be done quickly in order to protect your chances of contesting any administrative suspensions.
However, make sure you hire an attorney that is trained in the so called scientific tests used in these cases.