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DWI

DWI defense in Springfield, MO

Two clocks start at a DWI arrest: the criminal case and a 15-day license deadline. Ted works both.

First offense
Class B misd.
Up to 6 months in jail and a $1,000 fine § 577.010
Third offense
Class E felony
A persistent offender, up to 4 years § 577.010
License hearing
15 days
To request a Department of Revenue hearing § 302.530
15 days

15 days to request your license hearing

After a DWI arrest at .08 or more, the Department of Revenue starts a license suspension on its own. You have 15 days from the date on the notice (Form 2385) to request a hearing. Miss it and the suspension stands. § 302.530

What to do now

The answer

Which DWI is this?

Two taps and the page shows how Missouri charges it, with the statute behind every number.

How many prior DWI-type findings of guilt do you have?

Any state, any court, including municipal and military cases.

Was anyone hurt?

How Missouri charges it

First offense

Class
Class B misdemeanor
Range
Up to 6 months in jail
Fine
Up to $1,000

Before probation or parole: No minimum jail for a first offense. At .15 or more, a suspended sentence has conditions, and when no suspended sentence is granted the court imposes at least 48 hours at .15 to .20 and at least five days above .20.

  • On a first alcohol contact the Department of Revenue suspends the license: 30 days with no driving, then 60 days restricted, or a 90-day interlock privilege instead. You have 15 days to request a hearing.
  • Priors can come from any state, a municipal court or a federal or military case. The record of each one has to be proven, and that is the first question in the case.

General information about Missouri law. It is no substitute for advice about your own case. Sources: § 577.010, § 577.001, § 558.011, § 558.002, § 302.525, § 302.530, § 302.060.

What Ted handles

DWI cases Ted handles

  • First offense
  • Second offense within five years
  • Felony DWI: third and later
  • Breath test refusal
  • The 15-day license hearing
  • DWI with injury or death
  • Drug DWI

How it moves

Two clocks, side by side

What the case is doing and what you or your license are doing at the same moment. Tap a step.

  1. 1

    Day 0

    The arrest

    The criminal case: Booking at the jail, then bond or a summons. Say nothing about the case to anyone but your lawyer.

    Your license: At .08 or more the officer takes your license and hands you Form 2385. It is also a 15-day driving permit.

    Missouri Department of Revenue

  2. 2

    Days 1 to 15

    The 15-day window

    The criminal case: Bond conditions apply. Ted gets the report and the video and reads the charging papers against the definitions.

    Your license: Request the Department of Revenue hearing before day 15, or the suspension starts on its own.

    § 302.530

  3. 3

    Day 15, if no request

    The suspension starts

    The criminal case: Nothing changes in the criminal case.

    Your license: 30 days with no driving, then 60 days restricted; or a 90-day interlock privilege instead. A prior alcohol contact within five years means a one-year revocation.

    § 302.525

  4. 4

    Weeks later

    The first court date

    The criminal case: Arraignment or a first appearance. Nothing is decided that day.

    Your license: With a hearing requested, you keep driving on temporary permits until the final order.

    § 302.530

  5. 5

    Months 1 to 6

    Discovery, motions, the hearing

    The criminal case: Reports, instrument records, video. Problems become motions to suppress.

    Your license: The DOR hearing decides one thing: whether you were driving at .08 or more. It is not the criminal case.

    § 302.530

  6. 6

    The end of the case

    Resolution

    The criminal case: A dismissal, a plea to something smaller, or trial. You make the final call.

    Your license: A conviction carries its own license consequences; two or more add the five- and ten-year denials.

    § 302.060

DWI: common questions

Do I lose my license automatically after a DWI arrest?

At .08 or more the Department of Revenue starts a suspension on its own, fifteen days after the notice. Requesting the hearing in time keeps you driving on temporary permits until the decision.

Source: RSMo 302.525 and 302.530

What is a prior offender?

Someone found guilty of one intoxication-related traffic offense within the five years before the new one. The next DWI is then a class A misdemeanor with at least ten days in jail before probation unless community service replaces it.

Source: RSMo 577.001 and 577.010

Do I need a lawyer for a first DWI?

A first DWI is a class B misdemeanor with a license suspension attached and two separate deadlines. What happens in the first fifteen days decides whether you keep driving, and the stop, the roadside tests and the breath test each get examined.

Source: RSMo 577.010 and 302.530

Is a municipal DWI different from a state DWI?

An ordinance DWI still counts as an intoxication-related traffic offense for the next one, and the Department of Revenue acts the same way on the arrest.

Source: RSMo 577.001

The law this page cites

Read at its source on 2026-10-29.

Charged with DWI? Talk to Ted.

Tell Ted what happened

Step 1 of 3

What are you dealing with?

Pick the closest match.

Your message goes to the office by email and is read there. Sending a message or calling the office does not create an attorney-client relationship. Keep it short: what you're charged with and when your court date is. Full details can wait for the call with Ted.

By sending, you agree The Law Office of Ted Eckelkamp may call you at the number you gave about your case. Ask us any time and we'll stop. Consent isn't a condition of hiring us.

What happens next

  1. Ted calls you back

    Ted or his paralegal will call you back at the number you give. Have your paperwork near the phone if you can.

  2. You talk through what happened

    What you were charged with, where, and what the paperwork says. Ted tells you what the charge means and what comes first.

  3. You decide

    If it makes sense to work together, Ted explains the fee and what he does next. If not, you still leave knowing where you stand.

CallTell us what happened