What a DWI attorney does and why you need one
A DWI attorney in Missouri represents you in court after a driving while intoxicated arrest. They review the police report, challenge how the arrest was conducted, negotiate with the prosecutor, and defend you at trial if necessary. The difference between representation and no representation often determines whether you keep your license, avoid jail time, or reduce the charge to something less serious.
Missouri law treats DWI cases as criminal matters. The state must prove you were driving with a blood alcohol content (BAC) of 0.08% or higher, or that you were impaired. An attorney knows what evidence is admissible, what procedural mistakes police commonly make, and how to use those mistakes to your advantage. They also understand the specific consequences Missouri courts impose—license suspension, fines, mandatory education programs, and potential jail time—and can often negotiate to reduce them.
You have the right to represent yourself, but DWI cases involve technical rules about breathalyzers, field sobriety tests, and evidence collection. A mistake in how you present your defense can cost you far more than an attorney's fee.
Key Takeaways
- A DWI attorney in Missouri handles the criminal case in court, negotiates with prosecutors, and protects your right to keep your license.
- You can find attorneys through the Missouri Bar Association's lawyer referral service, local public defender's office, or private criminal defense firms.
- Public defenders are free if you cannot afford an attorney; private attorneys charge hourly rates or flat fees that vary widely by experience and location.
- The first court date is usually an arraignment where you enter a plea; having an attorney before that date gives you time to review evidence and explore options.
- Missouri allows plea bargains in most DWI cases, and an attorney's main job is often to negotiate the best possible outcome rather than go to trial.
Finding a DWI attorney in Missouri
The Missouri Bar Association maintains a lawyer referral service on its website where you can search by practice area and location. Enter "DWI" or "criminal defense" and your county, and you will see attorneys who handle these cases. The referral service does not rank them or verify their experience beyond bar membership, so you are responsible for checking their background.
If you cannot afford a private attorney, contact your county's public defender's office. Public defenders are criminal defense attorneys employed by the state to represent people who cannot pay. You will need to fill out a financial form to show your income and assets. If approved, a public defender is assigned to your case at no cost. Response time varies by county; some assign a public defender at your first court appearance, while others may take longer.
You can also search online for criminal defense firms in your area, but verify that the attorney is licensed in Missouri and has handled DWI cases. Check their bar record through the Missouri Bar Association's website to see if they have disciplinary history. Ask friends, family, or your employer if they can recommend someone they have used.
What to expect when you hire an attorney
When you contact an attorney, they will ask about the arrest—where it happened, what the officer said, whether you took a breath or blood test, and whether you have prior DWI convictions. This conversation is confidential under attorney-client privilege, meaning the attorney cannot tell anyone what you say. Be honest about the facts; your attorney needs the truth to build the strongest defense.
Private attorneys typically charge either an hourly rate (usually $150 to $400 per hour in Missouri, depending on experience and location) or a flat fee for the entire case (often $1,500 to $5,000 for a first-time DWI that does not go to trial). Ask for a written fee agreement before you hire them. Some attorneys offer payment plans if you cannot pay upfront.
Your attorney will request the police report, dashcam or body camera footage, breathalyzer calibration records, and any other evidence the state has. They will review this material to find weaknesses—whether the officer had legal grounds to stop you, whether the breath test was administered correctly, or whether the field sobriety tests were done properly. This review takes time, which is why you should hire an attorney as soon as possible after arrest.
The court process and your attorney's role at each stage
Your first court date is usually an arraignment, held within a few days of arrest. At arraignment, you enter a plea (guilty, not guilty, or no contest) and the judge sets bail or release conditions. If you do not have an attorney by this date, you can ask the judge for a continuance—a delay—to find one. Do not enter a plea without an attorney present.
After arraignment, your attorney will negotiate with the prosecutor. In many first-time DWI cases, the prosecutor will offer a plea bargain—a reduced charge or sentence in exchange for a guilty plea. Common offers include reducing DWI to "wet reckless" (reckless driving involving alcohol) or to a lesser charge. Your attorney advises whether the offer is reasonable or whether fighting the case is more likely to succeed.
If no agreement is reached, the case proceeds to trial. Your attorney will cross-examine the officer and any witnesses, present evidence of procedural errors, and argue that the state has not proven guilt beyond a reasonable doubt. Trial dates are set weeks or months after arraignment, giving your attorney time to prepare.
Public defender versus private attorney
Public defenders are licensed criminal defense attorneys with experience in DWI cases. They know the local judges, prosecutors, and court procedures. The main drawback is caseload: public defenders often carry 100 or more cases at once, so they have less time per case than a private attorney with a smaller practice. However, they are still required to provide a competent defense.
Private attorneys typically have fewer cases and can spend more time on yours. They may have specialized training in DWI defense, including how to challenge breath and blood tests. The trade-off is cost: a private attorney is not free. Some people hire a private attorney for the initial investigation and negotiation, then switch to a public defender if the case goes to trial and money runs out.
You can have both: if you hire a private attorney and later cannot afford to continue, you can ask the court to appoint a public defender. The private attorney will hand over their file to the public defender, who takes over the case.
Questions to ask before hiring an attorney
Ask how many DWI cases the attorney has handled in the past year. Experience matters; an attorney who handles DWI regularly knows the common defenses and how judges in your county typically rule. Ask whether they have handled cases with facts similar to yours—for example, if you refused the breath test, ask if they have defended refusal cases.
Ask what the fee covers. Does it include the arraignment only, or does it cover negotiation and trial? Are there extra costs for informed witnesses (such as a toxicologist to challenge the breath test) or for obtaining records? Ask what happens if the case goes to trial—do you pay more, or is trial included in the flat fee?
Ask what the likely outcome is. A realistic attorney will not promise a specific result, but they should explain the strengths and weaknesses of your case based on the facts and the evidence. If an attorney guarantees a dismissal or acquittal, that is a red flag; no attorney can may provide that.
What happens to your driver's license
A DWI arrest triggers two separate processes: the criminal case in court, and an administrative license suspension through the Missouri Department of Revenue. Your attorney handles the criminal case, but you must act separately to challenge the license suspension. You have 15 days from arrest to request a hearing with the Department of Revenue, or your license will be suspended automatically.
Your attorney can advise you on this process and may represent you at the administrative hearing, though some attorneys refer this to a separate specialist. The license suspension is independent of the criminal case outcome—you can win the criminal case and still lose your license, or vice versa. Protecting your driving privileges requires action on both fronts.
Frequently Asked Questions
Can I change attorneys after I hire one?
Yes. If you are unhappy with your attorney's communication, strategy, or progress, you can fire them and hire another. If you have a public defender and want to switch, ask the judge for a continuance to find a private attorney, or request a different public defender if one is available. Changing attorneys late in the case may delay your court date.
What if I cannot afford an attorney and do not may have access to for a public defender?
Some attorneys offer payment plans or reduced fees for people with limited income. Contact local legal aid organizations in your county; they sometimes provide free or low-cost representation for criminal cases. You can also ask the judge at your first court date whether you may have access to for a public defender based on your current financial situation.
Should I take a plea bargain or go to trial?
That depends on the strength of the evidence against you and the terms of the offer. Your attorney will review the police report, test results, and witness statements to advise whether the state's case is strong or weak. A plea bargain guarantees a known outcome; trial is uncertain but may result in acquittal. Your attorney explains both paths and helps you decide based on your circumstances and risk tolerance.
How long does a DWI case take in Missouri?
A first-time DWI with a guilty plea can be resolved in one to three months. Cases that go to trial typically take three to six months or longer, depending on the court's schedule and how complex the evidence is. Your attorney can give you a more specific timeline based on your local court's practices.
Do I have to take the breath test if I am arrested?
You have the right to refuse, but Missouri has an "implied consent" law: by driving, you consent to a breath or blood test if arrested. Refusing has consequences—your license will be suspended longer, and the refusal can be used against you in court. Your attorney advises whether refusing is strategically wise in your situation, but the decision is yours to make.