Being arrested for a DWI (Driving While Intoxicated) charge in Missouri can be an overwhelming and frightening experience. The actions you take—or fail to take—in the crucial hours and days following your arrest can significantly impact the outcome of your case. Here are some common mistakes to avoid after a DWI arrest to protect your rights and future.
Mistake #1: Not Knowing Your Rights
Many people don’t know their rights during a traffic stop or after an arrest. In Missouri, you are not required to answer every question asked by a police officer. You have the right to remain silent. While you must provide your driver’s license, registration, and proof of insurance, you are not obligated to discuss where you've been, what you've had to drink, or any other personal details. Politely invoking your right to remain silent can prevent you from inadvertently providing information that could be used against you later in court.
Mistake #2: Refusing a Breathalyzer Test
This is one of the most common and damaging mistakes. In Missouri, by operating a motor vehicle, you are considered to have given your "implied consent" to a chemical test of your breath, blood, or urine if an officer has probable cause to believe you are driving under the influence. While you have the right to refuse, doing so comes with an automatic, and often severe, penalty: your driver’s license will be immediately suspended for one year, regardless of the outcome of your criminal case. This administrative suspension is separate from any penalties imposed by the court. Our attorneys can advise you on the best course of action, but refusing the test often complicates the legal process.
Mistake #3: Talking to the Police or Anyone Else
After an arrest, it can be tempting to try to explain your side of the story or make apologies. Do not do this. Any statement you make, even a seemingly innocent one, can be used by the prosecution. This includes conversations with police, friends, or even on social media. Your best course of action is to politely state that you wish to remain silent and that you would like to speak with an attorney.
Mistake #4: Not Hiring an Experienced DWI Lawyer
A DWI charge is a serious matter, and attempting to navigate the legal system alone is a significant mistake. The legal process is complex, involving both criminal and administrative license suspension cases. An experienced DWI attorney understands these nuances, knows the local courts and prosecutors, and can identify weaknesses in the prosecution's case, such as improper police procedure or faulty breathalyzer calibration.
Mistake #5: Failing to Act Quickly
Time is a critical factor in a DWI case. You have a very short window—typically 15 days—to request an administrative hearing to challenge the suspension of your driver's license. Missing this deadline means you automatically lose your license for at least a year. The sooner you contact a lawyer, the sooner they can begin building your defense, collecting evidence, and protecting your rights.
Talk to Pulaski County DWI Lawyers
If you are facing a DWI charge, the most important step you can take is to seek legal counsel immediately. At Lowe Dreesen Miller, we understand the stress and uncertainty you’re facing. Our team has the courtroom experience and a track record of success to provide the results-focused representation you deserve.
For a free and confidential consultation, call us today at (573) 888-8888 or reach out to us online. We are here to help you navigate this challenging time.