Out-of-State DUI / DWI

If you live outside Missouri and were arrested while passing through the state, the situation gets complicated fast. You are suddenly dealing with two governments, two sets of rules, and deadlines that do not wait. Scrivner Law Firm helps travelers, college families, vacationers, and commercial drivers protect their records and their licenses when a drunk or drugged driving case crosses state lines. Founding attorney Dayrell L. Scrivner is a criminal defense lawyer and former prosecutor who has handled DWI cases throughout Taney, Stone, and Christian Counties, including Branson, Hollister, Forsyth, Nixa, and Ozark. He understands how out-of-state cases move through local courts and the Missouri Department of Revenue, and he knows what your home state is likely to do next.

Why “Out-of-State” Cases Are Different

A DWI or DUI that touches more than one state usually triggers two separate systems at once. There is a criminal case in the state where the stop happened, and there is an administrative license action through that same state’s motor-vehicle agency. Thanks to interstate compacts, your home state will almost always find out about the arrest or conviction. That can lead to a second round of license consequences at home, even if you served a suspension elsewhere. In short, one traffic stop can create a chain reaction unless you act quickly.

A Quick Primer on Missouri DWI Law

Missouri uses the term DWI in its criminal statutes. The two core offenses are driving while intoxicated and driving with excessive blood alcohol content. Driving while intoxicated focuses on impairment by alcohol, drugs, or a combination. Driving with excessive blood alcohol content focuses on the number alone. Commercial drivers face a stricter per se threshold when they are operating a commercial motor vehicle.

Missouri’s implied consent law allows an officer to request a breath, blood, or urine test after a lawful arrest. Refusing the test is not a crime by itself, but it triggers a civil license revocation that is separate from the criminal case. These rules apply whether you hold a Missouri license or you are licensed in another state but were arrested here while visiting Table Rock Lake, Silver Dollar City, or Highway 65.

Two Tracks After a Missouri Arrest

1. The Criminal Case

If you are an out-of-state driver arrested in Missouri, the criminal case is governed by Missouri law. The prosecutor must still prove beyond a reasonable doubt that you drove while intoxicated or drove with an unlawful blood alcohol content. The same defenses that help in any DWI apply here, including challenging the stop, the field sobriety tests, the machine, the blood draw, and the officer’s observations. The United States Supreme Court made clear that a warrant is usually required for a nonconsensual blood draw. That decision still shapes how local officers and prosecutors handle testing and evidence in southwest Missouri.

2. The Administrative License Case

A Missouri arrest also triggers a separate administrative action through the Missouri Department of Revenue. If you took a test and the result was at or above the legal limit, you generally have a short window to request an administrative hearing. If you refused testing, the officer should serve you with a notice of revocation and a temporary permit that is good for a limited period. You then have a deadline to file a petition for review in the appropriate Missouri court. If your arrest happened in another state but you hold a Missouri license, Missouri law provides a specific venue for that filing. These deadlines are strict, and missing them can lock in a suspension or revocation even while you fight the criminal charge.

What If You Live Elsewhere But Were Arrested In Missouri

If you were stopped in Taney County while on vacation or traveling for work, Missouri controls the criminal case and the immediate license proceeding here. Your home state will usually receive notice under the Driver License Compact. Many states will then impose their own license sanctions, sometimes after you get home and think the worst is behind you. Some states give credit for an out-of-state suspension. Others do not. Every state is a little different, which is why coordination between your Missouri defense lawyer and any necessary counsel back home is vital.

On the practical side, many court appearances can be handled by your attorney without you traveling back to Missouri every time. Each judge has local rules, so it is important to hire counsel who practices regularly in Branson and the surrounding courts.

How Priors From Other Places Affect Your Case

Whether you are a visitor or a Missouri resident, prior impaired-driving incidents can change everything. Missouri’s enhancement statute looks at “intoxication-related traffic offenses,” and it allows the court to consider qualifying prior offenses from other jurisdictions, not just Missouri. The labels are important. A person can be a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender, with each step raising the offense level and potential punishment. Courts require the State to prove that each prior actually qualifies and that it involved driving, not simply being intoxicated near a vehicle. Appellate decisions in recent years have reversed sentences where the State did not meet that burden. When the prior is a municipal or out-of-state case, the prosecution typically must show that the other jurisdiction’s offense is equivalent to a Missouri intoxication-related traffic offense. That is often a contested issue and a place where careful lawyering can change the outcome.

Refusals, Temporary Permits, And Venue Rules That Trap The Unwary

Refusal cases have their own rhythm. After a refusal, the officer should issue a notice and a short-term permit. The driver has a 30-day window to file a petition for review. If you miss that window, the one-year revocation stands. For non-Missouri arrests involving Missouri licensees, there is a specific Missouri venue for the petition that surprises many drivers and even some lawyers who do not regularly handle these cases. File it in the wrong place and you can lose your rights. Even if you are licensed elsewhere and refused a test in Missouri, there may be a path to a limited privilege after a waiting period, along with ignition interlock, provided you meet the statutory requirements and the court grants relief.

in DWI cases. If a warrant was required and not obtained, evidence can be suppressed.

Commercial Drivers And Out-Of-State DWI

Commercial drivers face consequences in two systems. Missouri’s per se limit is lower for those operating a commercial motor vehicle, and federal disqualification rules can apply even if the offense happened off the clock in a personal car. An out-of-state commercial DWI can produce a Missouri disqualification if you hold a Missouri CDL. If you hold another state’s CDL and are arrested in Missouri, the case still starts here, and your home state can then take action on your CDL once notified. Because timelines are short and the impact on employment is severe, CDL cases should be triaged immediately.

What Scrivner Law Firm Does For You

We treat multistate impaired-driving cases as a project that requires precision and speed.

We start by preserving deadlines and evidence. We file the administrative hearing request or the petition for review on day one. We obtain the Alcohol Influence Report, videos, dash-cam and body-cam files, breath-testing maintenance records, and blood-draw chain of custody. We audit the stop and arrest for Fourth Amendment and Missouri constitutional issues. We examine every step of the field test process, the observation period, and the breath test or blood draw. If priors are alleged, we challenge equivalence, records, and proof so that only properly proven convictions count.

We then manage the interstate dimensions of your case. If you live in Arkansas, Kansas, Oklahoma, Illinois, or beyond, we coordinate with your home state’s license agency or counsel to reduce duplicate penalties. We plan reinstatement in both places, including ignition interlock, alcohol education, and SR-22 filings when those apply. Our goal is not just to resolve the Missouri court case. It is to get you legally driving everywhere you need to be.

We also focus on practical solutions. Out-of-state clients cannot fly back for every routine hearing. In many Taney County, Stone County, and Christian County courts, your attorney can appear on your behalf for non-evidentiary settings. We communicate with you clearly and often, so you always know what is happening in Missouri and what your home state may do next.

Frequently Asked Questions

Take Action Now

Every out-of-state DWI or DUI has moving parts in more than one place. The sooner you bring those pieces under control, the sooner you protect your license, your job, and your record. Scrivner Law Firm serves clients throughout Taney, Stone, and Christian Counties and represents visitors who run into trouble while traveling through southwest Missouri. Call us or contact us online. We will move quickly to preserve your rights, challenge the evidence, and steer both the Missouri case and the home-state fallout toward the best possible outcome.