A DWI (Driving While Intoxicated) charge in Missouri is more than just a traffic ticket. It creates two separate records: one with the Missouri Department of Revenue and another in the criminal court system. The length of time each record remains and what you can do about it depends on the specifics of your case and how quickly you act to defend yourself.

The Two Records a DWI Creates

When you are charged with driving under the influence of alcohol or drugs, the consequences can unfold in two different ways. First, the Missouri Department of Revenue may take administrative action against your driver’s license, often before you even appear in court. Second, a criminal case may be brought to circuit court, and a conviction could result in a permanent criminal record. It’s important to understand both these processes in order to protect yourself.

Your Driving Record: Points, Suspensions, and Time Limits

Missouri uses a point system under RSMo § 302.302 to track driving violations. A DWI (Driving While Intoxicated) conviction typically adds 8 points to your driving record. If you accumulate 8 or more points in 18 months, your license will be suspended. If you get 12 or more points within 12 months, your driver’s license will be revoked.

Points remain on your driving record for a certain period of time. Under Missouri law, these points are reduced after a clean driving record – they drop by a third after 12 months with no new violations, half after 24 months and are removed completely after 36 months without a new offense. However, the original DWI conviction will remain visible on your driving record in Missouri for 10 years and will be taken into account when courts decide on enhanced penalties for previous offenses during this period.

Your Criminal Record: Is a DWI Permanent?

A DWI (driving while intoxicated) conviction enters into the court system in Missouri and becomes part of a person’s permanent criminal record unless it is later expunged. This means that it may appear in background checks conducted by employers, landlords, licensing boards and professional associations. For CDL (commercial driver’s license) holders, medical professionals, teachers and other individuals with professional licenses, even a single DWI conviction can lead to suspension or revocation of their license by state regulatory authorities.

Repeat offenses carry even more serious consequences. Under RSMo § 577.023, a second driving while intoxicated (DWI) can be charged as a class E felony, and a third or subsequent offense may be upgraded to a class D felony – charges that carry a prison sentence and create a criminal record that is much harder to remove.

Missouri DWI Expungement: Is a Clean Record Possible?

Missouri’s expungement law, as codified in RSMo § 610.140, allows certain first-time DWI offenders to petition for the removal of their records after a 10-year waiting period has passed. If the petition is approved, the conviction will be removed from the public record. However, this process is not automatic – the offender must file a petition and meet all statutory requirements in order to have their records expunged. Additionally, they must ensure that they do not commit any further disqualifying offences during the waiting period.

Critically, expungement is not an option for all DWI cases. Felony DWI cases and those involving death or serious injury are typically not eligible. This means that the original outcome of your case matters greatly. A dismissal, acquittal, or reduction to a lesser charge could mean the difference between having a record that could eventually be cleared and one that would follow you indefinitely.

Why the Early Stages of Your Case Matter Most

The decisions made in the early stages after a drunk driving arrest can have a significant impact on one’s rest of life. The laws regarding drunk driving in Missouri are complex and technical, involving requirements for breathalyzer calibration under 19 CSR 25-30 and strict standards for field sobriety tests set by the National Highway Traffic Safety Administration (NHTSA). 

Constitutional protections also apply to traffic stops and the collection of evidence. A skilled drunk driving defense attorney will carefully review every aspect of the case, from the legal basis for the stop to the maintenance records of the breathalyzer, to identify any weaknesses in the prosecutor’s case.

An outright dismissal or reduction in charges not only protects your freedom today, but it can also prevent a conviction from tarnishing your record for the next decade or longer.

Speak with a Missouri DWI Defense Attorney Today

At Mueller Law Group, we represent clients in Missouri and Illinois who have been charged with driving while intoxicated (DWI). This includes commercial driver’s license (CDL) drivers, surgeons, medical professionals, and teachers. 

We understand that these individuals cannot afford the consequences of a DWI conviction, and we work hard to protect their rights. We examine police reports, breathalyzer records, blood and urine test results, and administer field sobriety tests to ensure every detail is considered. We know every aspect of the case is important and take the time to carefully review all evidence.

DWI cases move quickly and deadlines are strict. If you have been charged with DWI in Missouri or Illinois, contact us immediately before the deadline to take action.