Can You Get a DWI Dismissed in Missouri?

Yes, DWI charges can be dismissed in Missouri, but dismissal isn’t automatic or guaranteed. It typically requires identifying specific legal grounds and presenting them effectively through motions to suppress evidence or challenging the prosecution’s case.

At Rose Legal Services, DWI is our most common type of case and makes up 40% of our caseload. We dedicate our practice exclusively to criminal defense in Missouri and Metro East Illinois. We understand the defenses available and how to pursue dismissal when the facts and law support it.

When Can You Get a DWI Dismissed in Missouri?

A DWI dismissal occurs when the court or prosecutor decides not to proceed with the charges against you. This can happen at various stages of the case:

1. Before charges are filed: Prosecutors may decline to file charges if the evidence is insufficient or legal problems exist with the arrest.
2. After charges are filed: The court may dismiss charges if constitutional violations occurred, critical evidence is suppressed, or procedural requirements weren’t met.
3. Through negotiation: Prosecutors may agree to dismiss charges as part of a diversion program or alternative resolution.

Dismissal is different from an acquittal (being found not guilty at trial) or a Suspended Imposition of Sentence, which under Missouri law is not considered a conviction but still requires entering a plea.

Constitutional Violations That Can Get a DWI Dismissed

The most powerful grounds for DWI dismissal involve violations of your constitutional rights under the Fourth Amendment, which protects against unreasonable searches and seizures.

Illegal Traffic Stop

Law enforcement must have reasonable suspicion to stop your vehicle. If officers lacked proper justification for the initial stop, everything that followed may be considered “fruit of the poisonous tree.”

Common examples of illegal stops include:

• Stopping a vehicle without observing any traffic violation
• Stopping based solely on anonymous tips without corroboration
• Extending a routine traffic stop beyond its original purpose without additional reasonable suspicion
• Stopping at an improperly conducted sobriety checkpoint

Under RSMo § 542.296, if evidence was obtained through an illegal search or seizure that violated Section 15 of Article I of the Missouri Constitution or the Fourth and Fourteenth Amendments of the U.S. Constitution, the state has the burden of showing by a preponderance of evidence that the motion to suppress should be overruled.

Warrantless Blood Draw

The U.S. Supreme Court’s decision in Missouri v. McNeely established that police generally need a warrant before drawing blood for DWI testing. The Court rejected the argument that the natural dissipation of alcohol in the bloodstream always constitutes an emergency (exigent circumstance) that excuses the warrant requirement.

If police drew your blood without a warrant and without true exigent circumstances, that evidence may be suppressed, potentially leading to dismissal if it’s the prosecution’s primary evidence.

Breathalyzer Test Challenges That Support Dismissal

Missouri law requires strict compliance with testing procedures for breathalyzer results to be admissible. Several technical and procedural issues can render breathalyzer evidence unreliable or inadmissible:

Improper Calibration and Maintenance

Missouri regulations require breathalyzers to be maintained and calibrated at least once every 35 days. Attorneys can request maintenance records to verify compliance. If required maintenance wasn’t performed, the results may be deemed unreliable and suppressed.

Failure to Follow Testing Protocols

Missouri law requires a 15-minute observation period before administering a breath test. This ensures that residual “mouth alcohol” from recent drinking, burping, or vomiting doesn’t artificially inflate results. If officers failed to observe you continuously for 15 minutes, the test results may be challenged.

Operator Error

Only properly trained and certified operators can administer breathalyzer tests. If the officer administering your test lacked proper certification or deviated from required procedures, those results may be inadmissible.

Medical Conditions Affecting Results

Certain medical conditions can produce false positive breathalyzer results, including diabetes, acid reflux, and certain dietary conditions. Medical defenses can cast doubt on test accuracy.

If breathalyzer evidence is suppressed and the prosecution lacks other strong evidence of intoxication, dismissal becomes more likely.

Field Sobriety Test Problems

Missouri officers commonly administer standardized field sobriety tests (SFSTs), including the Horizontal Gaze Nystagmus (HGN) test, walk-and-turn test, and one-leg stand test. These tests must follow National Highway Traffic Safety Administration (NHTSA) guidelines.

Several factors can undermine field sobriety test results:

• Physical conditions (injuries, disabilities, age, weight)
• Medical conditions (inner ear problems, neurological conditions)
• Environmental factors (uneven surfaces, poor lighting, weather conditions)
• Improper administration by the officer
• Use of non-standardized tests

While field sobriety test results alone typically don’t lead to dismissal, they form part of the probable cause analysis. If tests were improperly administered and no other evidence supports intoxication, the case may be vulnerable to dismissal.

Procedural Defects and Prosecutorial Discretion

Missouri prosecutors have broad discretion in deciding whether to pursue criminal charges. Several procedural issues can lead to dismissal:

Failure to Prosecute

Missouri courts have inherent authority to dismiss cases for failure to prosecute, even without a speedy trial violation, when cases languish without action for extended periods.

Insufficient Evidence

If the prosecution cannot prove every element of DWI beyond a reasonable doubt, they may agree to dismiss charges rather than proceed to trial. This often occurs when key evidence is suppressed or when witnesses are unavailable.

Diversion Programs

Under RSMo § 557.014, prosecutors may offer diversion agreements that lead to dismissal upon successful completion. While not available in all jurisdictions or for all defendants, prosecutor-led diversion provides a path to dismissal through compliance with program requirements.

How to Pursue DWI Dismissal in Missouri

If you’re facing DWI charges in Missouri and believe grounds for dismissal exist:

1. Exercise your right to remain silent and do not discuss your case with anyone except your attorney
2. Contact a criminal defense attorney immediately who handles DWI cases regularly
3. Preserve all evidence, including any dashcam footage, witness information, or documentation about the stop
4. Document everything about your arrest, including officer names, time of stop, location, and what was said
5. Do not plead guilty without first having an attorney review your case for dismissal grounds

How Rose Legal Services Can Help

At Rose Legal Services, all of our attorneys have completed the same DWI training as law enforcement officers. We know the prosecutors and judges in St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County, and throughout Missouri.

We thoroughly investigate every DWI arrest to identify grounds for dismissal, including:

• Reviewing dashcam and body camera footage
• Examining breathalyzer calibration and maintenance records
• Analyzing whether proper procedures were followed
• Investigating the legality of the traffic stop
• Challenging the admissibility of test results

Our team consists of attorneys, several staff members, and an investigator who work together on every case. We pride ourselves on excellent client service and communication, with Client Care team members available to answer questions throughout your case.

The Bottom Line: Can You Get a DWI Dismissed?

Yes, you can get a DWI dismissed in Missouri when legal grounds exist. Common dismissal scenarios include constitutional violations, improper testing procedures, insufficient evidence, and successful completion of diversion programs.

However, dismissal requires identifying these grounds early and presenting them effectively through proper legal motions. Don’t assume your case has no defense simply because you were arrested or because test results exist.

Contact Rose Legal Services today for a free consultation to evaluate whether grounds for dismissal exist in your case.

Your defense starts with a conversation.