What to Do if You’re Pulled Over for DWI in Missouri: A Step-by-Step Guide
Being pulled over on suspicion of DWI (Driving While Intoxicated) in Missouri can have serious consequences for your driver’s license, criminal record, and more. Understanding your rights and knowing how to handle the situation can make a significant difference in the outcome of your case.
At Bruntrager & Billings, we help Missouri drivers address DWI charges and protect their rights from the moment they’re stopped. If you have been arrested on suspicion of impairment, contact our St. Louis DWI defense attorneys right away.
Pull Over Safely and Calmly
When you see police lights behind you, signal and pull over to a safe location as quickly as possible without making sudden movements. Turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them. These actions demonstrate cooperation and reduce the officer’s safety concerns.
Avoid reaching for items before the officer approaches or appearing nervous or argumentative. Officers are trained to observe your behavior from the moment they initiate the stop, and everything you do can be used as evidence of a criminal DWI violation.
Be Polite but Cautious with Your Words
When the officer approaches, be respectful and polite. Provide your driver’s license, registration, and proof of insurance when requested. However, you are not required to answer potentially incriminating questions beyond identifying yourself.
If the officer asks, “Have you been drinking?” or “How much have you had to drink?” you have the right to politely decline to answer. You might say, “I prefer not to answer questions without my attorney present.” While this may seem suspicious to many people, anything you say can be used against you in court, and admitting to drinking even “just one or two” provides evidence for the prosecution. On the other hand, exercising your right to remain silent cannot be used against you in court.
Understand Field Sobriety Tests Are Voluntary
In Missouri, field sobriety tests (FSTs) are voluntary. You have the right to refuse these tests without an automatic penalty. Officers use FSTs to gather evidence of impairment, and even sober individuals can fail these subjective tests due to nervousness, medical conditions, poor balance, or difficult roadside conditions.
If you choose to refuse field sobriety tests, do so politely but firmly. Remember that officers may arrest you based on other observations, but refusing FSTs prevents you from providing additional evidence against yourself.
Know Missouri’s Implied Consent Law
Missouri operates under an “implied consent” law, meaning that by driving on Missouri roads, you’ve implicitly agreed to submit to chemical testing (breath, blood, or urine) if arrested for DWI. Refusing chemical testing after arrest triggers an automatic license suspension (currently one year for a first refusal), regardless of whether you’re ultimately convicted of DWI.
The decision to submit to or refuse chemical testing after arrest is complicated. While refusal carries license consequences, test results showing high blood alcohol content provide strong evidence for prosecution.
Contact an Experienced St. Louis DWI Attorney Immediately
The most important step after a DWI stop is contacting a local DWI defense attorney. At Bruntrager & Billings, we understand Missouri DWI laws and the strategies prosecutors use. We can challenge the legality of your stop, question the accuracy of tests administered, negotiate with prosecutors, and protect your driving privileges through administrative hearings.
Time is critical in DWI cases. You have only 15 days from your arrest to request a hearing to contest your license suspension. Don’t wait to contact Bruntrager & Billings today for experienced defense representation.