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Missouri DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a felon (dui) own a modern muzzleloader in Missouri?
James L. Arrasmith
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answered on May 24, 2024

In Missouri, owning a modern muzzleloader can be complicated for someone with a felony DUI conviction. Generally, federal law prohibits felons from owning firearms, and this includes modern muzzleloaders that use inline ignition systems, as they are considered firearms under federal law.... View More

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Traffic Tickets for Missouri on
Q: When you haver court and you fail 3 times to appeal because you have financial problems to travel to another state

I’m going to jail ?

T. Augustus Claus
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answered on Feb 9, 2024

If you fail to appear in court for a traffic or DUI/DWI case in Missouri because you are unable to afford travel to another state, this can lead to serious consequences, including the issuance of a warrant for your arrest. However, going to jail is not automatic upon failing to appeal or appear; it... View More

2 Answers | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: If I lost my driver's license in Illinois and moved out of state, how can I get it back?

I followed the given process by the state multiple times and was denied reinstatement with no course or solution to rectify the situation.

James L. Arrasmith
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answered on Nov 21, 2023

If you lost your driver's license in Illinois and have since moved to another state, the process for getting it back can be complex, especially if you've been denied reinstatement multiple times. First, it's crucial to understand the specific reasons for your denial in Illinois, as... View More

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1 Answer | Asked in DUI / DWI, Civil Rights and Criminal Law for Missouri on
Q: Charged with DUI in parked, non-running car in Missouri. Is this legal?

I was charged with a DUI while sitting behind the wheel of my parked car, with the keys in the ignition, in a Dollar General parking lot while the store was open. The car was not running. A law enforcement officer made me step out of the car and perform several field sobriety tests, which I... View More

James L. Arrasmith
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answered on May 16, 2025

In Missouri, it’s possible to be charged with a DUI even if the vehicle is not running, depending on the circumstances. The key factor is whether the officer believed you were in “actual physical control” of the vehicle. Sitting in the driver’s seat with the keys in the ignition can be... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Missouri on
Q: Can I possess a firearm on misdemeanor DUI probation in Missouri and Kansas?

I'm currently on misdemeanor probation for DUI in Kansas, and I live in Missouri. The terms of my probation do not restrict me from possessing a firearm. I also have a conviction for THC possession and fleeing, which is running concurrent with the DUI probation, and also has no firearm... View More

James L. Arrasmith
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answered on May 14, 2025

This is a complex situation because even though your probation terms don’t explicitly restrict firearm possession, state and federal laws may still apply. In Missouri and Kansas, misdemeanor DUI convictions generally do not disqualify someone from possessing a firearm. However, your conviction... View More

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for Missouri on
Q: How to get a hardship license in Missouri with an out-of-state suspension?

How can I obtain a hardship license in Missouri? My driver's license is suspended in North Dakota due to refusing a breathalyzer test. Although I've paid the reinstatement fee in North Dakota, I have 150 days remaining in the 180-day suspension period. North Dakota has informed me they... View More

James L. Arrasmith
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answered on May 14, 2025

You’re stuck in a frustrating gray area, and it’s understandable that you’re looking for clarity and a path forward. Missouri typically cannot issue a hardship license unless your driving privileges are suspended or revoked *in Missouri* or flagged in the National Driver Register (NDR). Since... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Missouri on
Q: DWI impact on probation for drug offenses in Missouri

I received a DWI in Ray County, Missouri, on December 21, 2024. I'm currently on probation for drug-related offenses and have previously violated probation with an AWOL and getting arrested. I have had a public defender to represent me. What should I expect in terms of legal consequences, and... View More

James L. Arrasmith
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answered on Apr 12, 2025

Receiving a DWI while on probation for drug-related offenses in Missouri is a serious matter that can lead to significant consequences. Given your history of probation violations, including being AWOL and prior arrests, the court may view this new offense as a pattern of non-compliance. This could... View More

1 Answer | Asked in DUI / DWI for Missouri on
Q: How to petition court for driver's license revocation after DWI?

I was arrested for a DWI on March 8, 2025, and my case is currently pending. I would like to know how to petition the court for the revocation of my driver's license. I have no previous offenses or similar incidents. What steps should I take?

James L. Arrasmith
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answered on Apr 12, 2025

It’s rare for someone to request their own license be revoked, but if you’re trying to take accountability or show the court that you’re serious about making changes, it’s a powerful gesture. Usually, license revocations after a DWI are automatic through the state’s Department of Motor... View More

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for Missouri on
Q: Can my friend appeal a DWI conviction, given multiple Driving While Suspended charges and prior convictions in Missouri?

My friend was found guilty of a DWI charge in August 2023 while he was incarcerated. He refused a blood alcohol test requested by the police, though he passed the initial sobriety tests. He has multiple Driving While Suspended charges, making it unlikely he’ll obtain a driver's license... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 10, 2025

If the deadline for filing an appeal has not passed, he may file a notice of appeal. A successful appeal requires convincing the appellate court that a reversible error was made below.

Your friend should hire a good criminal appellate lawyer to assess the situation.

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1 Answer | Asked in Copyright, Divorce, DUI / DWI and Banking for Missouri on
Q: I need Help To Review My Deposition
James L. Arrasmith
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answered on Feb 21, 2024

Reviewing your deposition is crucial to ensure accuracy and completeness of the testimony provided. Start by carefully reviewing the transcript or recording of your deposition, paying attention to the questions asked and your responses. Verify that your answers accurately reflect your recollection... View More

1 Answer | Asked in DUI / DWI for Missouri on
Q: Do I still need to complete satop since 7 years has passed since I had a DUI

Also I got a paper saying I got a DWI in Tennessee peior to the DUI and I never have been there in my life. What should I do about that

Steve D. Hardin
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Steve D. Hardin
answered on Nov 6, 2023

Missouri yes you have to do SATOP and everything else to have Missouri remove its hold on your drivers license.

Tennessee you need an attorney in Tennessee to to check in on that DWI case.

1 Answer | Asked in DUI / DWI for Missouri on
Q: I husband got 3 dwi’s I’m two years span . He is still going to court over them and has been for a year.

I’m wondering how likely jail time is

T. Augustus Claus
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answered on Jul 24, 2023

The chances of jail time for multiple DWIs in Missouri vary based on individual circumstances, such as the case details and prior criminal history. Having multiple DWIs in a short time may lead to harsher penalties. A third DWI offense can result in substantial jail time.

1 Answer | Asked in Criminal Law and DUI / DWI for Missouri on
Q: My attorney refuses to file a motion to withdraw guilty plea.

I have never seen any of my case file.

I have never been given a copy of what my attorney told me to sign.

My attorney refuses to allow me to withdrawmy guilty plea, and he changed the terms of the plea less than 5 minutes after I signed it.

He doesn't answer or return... View More

Matthew Mueller
Matthew Mueller
answered on Jun 23, 2022

Under Missouri law, a defendant can ask to withdraw his guilty plea if he can show that he was misled or induced to enter a plea of guilty by fraud, mistake, misapprehension, coercion, duress or fear. There are generally no time limits for filing a Motion to Withdraw a Guilty Plea under Rule... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Missouri on
Q: i got a dwi ticket in may 2015. the prosecutor refused to press charges. do i have tpo do a satop class
James P. Feely Jr.
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James P. Feely Jr.
answered on Apr 15, 2018

It is possible that a person may have to complete SATOP, even though their DWI charge (ticket) was rejected or dismissed by the prosecutor.

In many DWI arrest situations, it will be alleged that the driver had a blood alcohol content (BAC) of .08% or higher, or it will be alleged that the...
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1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Car Accidents for Missouri on
Q: In Saline County, MO, I got a ticket for driving while suspended/revoked? What is the punishment for 1st offense?
Andrea Rogers
Andrea Rogers
answered on Nov 4, 2017

If you plead guilty to Driving While Suspended or Revoked, 12 points will be added to your Missouri driving record and your license will be revoked for 1 year, plus you will have to pay a fine. You can hire a traffic law attorney to get your 12-point Driving While Suspended/Revoked ticket reduced... View More

1 Answer | Asked in DUI / DWI and Consumer Law for Missouri on
Q: Does my boyfriend, in Missouri, need a car in HIS name to get his license back or can I get the SR22 insurance on my car

I have a car in my name but unsure if DMV will allow his license back unless the insurance and everything is in his name

Paul Stanko
Paul Stanko
answered on Sep 24, 2016

The SR22 requirement is personal. Your boyfriend will need to contact an insurance agent himself. I see no reason why he must own a car to get insurance.

1 Answer | Asked in DUI / DWI for Missouri on
Q: What if during a field sobriety test the officer conducts the test in the wrong order?
Andrew Hahn
Andrew Hahn
answered on Oct 8, 2015

You need an experienced DWI attorney to assist you with your case. An attorney will need to see the police report to begin crafting your defense.

1 Answer | Asked in DUI / DWI for Missouri on
Q: I refused to take a breath test does that mean I'm guilty
Andrew Hahn
Andrew Hahn
answered on Oct 8, 2015

No, but it does change the strategy of your defense. You need to hire an experienced DWI attorney to help you with your case.

1 Answer | Asked in DUI / DWI for Missouri on
Q: Arrested for dwi never received a citation in Missouri. I don't understand how they can charge me when I never got a tic
James P. Deffet
James P. Deffet
answered on Apr 10, 2015

When you are arrested for a DWI you may not be charged immediately. Many times the prosecutor may wait for results of lab tests or review your prior convictions prior to charging. Although most first time offenders are issued a ticket before release, there is no requirement that a ticket be... View More

1 Answer | Asked in DUI / DWI for Missouri on
Q: I have a MO warrant for fail to appear on orig. charge dwi. can i just do my ses 5 day backup when i turn myself in???

I failed to pay my fines and finish satop in time about 5 months ago. im pretty sure thats why they had scheduled a prob viol hearing and issued a warrant, but i didnt know about any of this until recently after checking my mail for the first time in months. also, why is my warrant 1500 cash only... View More

Jeffrey Alex Goldfarb
Jeffrey Alex Goldfarb
answered on Feb 14, 2014

You need a lawyer who can meet with the judge and prosecutor in an effort to get the previous deal reinstated before you surrender yourself. You may be able to achieve the same result on your own, but it is doubtful. Call me or another lawyer for help. Jeff - jeff@314law.com,... View More

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