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Arrested for DWI in Missouri? What to Do in the First 15 Days

A Missouri DWI arrest can start both a criminal case and a separate driver-license action. Learn why the first 15 days may matter and what to do next.

Written and reviewed by Tarihya J. McClain, Managing Attorney
Last reviewed: August 19, 2026

A Missouri DWI arrest can make the next morning feel like a blur. You may be holding several papers, wondering whether you can drive, and trying to understand how one incident can affect both your court case and your license.

The most important thing to know is that waiting can reduce your options. In many Missouri DWI cases, the first 15 days matter.

A Missouri DWI may create two separate cases

One arrest can start two different legal tracks:

  1. The criminal case. This concerns the DWI charge filed in court.
  2. The driver-license case. This is an administrative action involving the Missouri Department of Revenue.

These tracks are connected, but they are not the same. According to the Missouri Department of Revenue, an administrative suspension or revocation can proceed separately from what happens to the ticket in court. Handling the court date alone does not automatically protect your driving privilege.

Step 1: Find the date on your Form 2385

If the officer issued a Notice of Suspension or Revocation of Your Driving Privilege (Form 2385) after a test result over the legal limit, look for the date the notice was issued.

The Department of Revenue states that a request for an administrative hearing generally must be made within 15 days from the date the notice was issued. The form may also act as a temporary 15-day driving permit, but only if the conditions printed on the notice are satisfied. It is not valid if the license was already expired, suspended, revoked, or denied.

Do not assume that the court date printed on a ticket is the only deadline. The administrative deadline may arrive much sooner.

Step 2: Understand that a refusal follows a different process

If the allegation involves refusing an alcohol or drug test, the procedure is different from the administrative hearing process for a test result over the legal limit. Missouri’s Department of Revenue describes a refusal as a separate chemical-revocation process and directs drivers to seek review in the circuit court.

That distinction matters. The safest move is to have an attorney identify which notice you received and which deadline applies to it.

Step 3: Preserve your paperwork and your memory

Keep every document you received, including:

  • tickets and summonses;
  • the Form 2385 or refusal notice;
  • bond or release papers;
  • towing and property receipts;
  • any temporary permit; and
  • information about an upcoming court date.

While the events are still fresh, write a private timeline for your attorney. Include where you were, when you last ate or drank, when you began driving, where the stop occurred, what the officer said, what tests were requested, and whether you asked to speak with a lawyer.

Do not post your account on social media. A public explanation made in frustration can create complications later.

Step 4: Confirm whether you are legally allowed to drive

Do not guess about your license status. Read the temporary permit carefully and check for any prior holds or suspensions. The Department of Revenue provides driver-license information through MyDMV and its automated line at (573) 526-2407.

Driving after your privilege is no longer valid can create an additional charge and make the original problem harder to solve.

Step 5: Put the court date on your calendar—but do not wait for it

Missing court can lead to another warrant, additional fees, or license consequences. Save the date and confirm the court and case number.

At the same time, do not wait until the court date to seek advice. By then, the 15-day administrative window may already have closed.

Step 6: Speak with a Missouri DWI attorney promptly

An early review can help identify the issues that matter, including:

  • whether the stop and arrest were lawful;
  • what the officer reported about driving and impairment;
  • whether field-sobriety or chemical-test procedures were followed;
  • what video, audio, reports, or test records should be preserved;
  • whether a hearing or court filing is available;
  • whether a restricted driving option may apply; and
  • what must happen in both the criminal and license matters.

No attorney can promise a particular outcome. A prompt review can, however, help protect deadlines and prevent avoidable mistakes.

Frequently asked questions

Is my license automatically suspended after a Missouri DWI arrest?

Not in every situation and not necessarily on the same date. The answer depends on the notice issued, test or refusal allegation, prior driving record, and whether a timely challenge is filed. Read the paperwork and obtain advice based on your record.

Is a DWI court case the same as the license case?

No. Missouri treats the criminal charge and the administrative license action as separate processes.

Can I drive using the paper the officer gave me?

Form 2385 may serve as a temporary 15-day permit if the printed conditions are met. It does not make an expired or previously suspended license valid. Confirm your status before driving.

What if this is my first DWI?

“First offense” can mean different things in different parts of Missouri law. Your driving record, prior contacts, and the facts of the new case all matter. Do not rely on a label without reviewing the record.

Talk with McClain Law

If you were arrested for DWI in Missouri, bring us every page the officer gave you. We can help you understand the criminal case, the license process, and the next deadline.

Schedule a free 15-minute consultation or call McClain Law at (314) 970-5159.

Official resources

Related Missouri driving resources

This article provides general information about Missouri law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different.

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