What happens after a DWI arrest in Missouri?Motor Vehicle Hearing: To preserve your right to drive in Missouri, if you took a chemical test: breath/ blood or urine and it showed .08 % alcohol content by weight or above you must request a hearing within 15 days after your license has been taken from you by an officer or within the time set by a Driver’s License Bureau revocation letter. A hearing will be scheduled by the Department of Revenue. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about two to three weeks after your request. You can plan on at least 30 to 45 days of driving. If you lose at the hearing, you can not legally drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. It also recommended that we have a certified court reporter present to take down what the officer has to say Crucial defenses can be developed at the hearing. It is best to make a hearing request for a telephone hearing that we can conduct in my office (home field advantage). Arraignment: This is the court date on your ticket, usually about 30 to 90 days after your arrest. If you have an attorney and are not on bond, you do not have to appear, your attorney can appear for you. It is primarily for advisement of rights. If you have an attorney, he will advise you. Pre-trial Conference: Your attorney will discuss your case with the Prosecuting Attorney and this is when he can negotiate the best possible plea bargain, if this is what you want. It will happen about 4-6 weeks after arraignment. This is usually after the Department of Revenue Hearing. At which point, he will have a much better view of possible defenses and can better recommend a plea bargain or a trial. The date is set by the Court and your attorney based upon on his calendar. Suppression Hearing: The Court may suppress some or all of the evidence against you, if your constitutional rights have been violated. Your attorney will file motions to suppress. The hearing generally occurs anywhere from 6 weeks to 3 months after the pre-trial conference. Trial: Almost always a trial to a jury of twelve. Trial usually is held within one year after your arraignment. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, probation period, shock time, SCRAM, SATOP, VIP, alternative community service, AA attendance and fines. You need to have an attorney who is experienced in Missouri DWI Law to protect your rights through out this process. Call me at 636-441-2947 for your free consultation and discover how I can help save your license and freedom.
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