DUI / DWI Drugs

Driving while under the influence of drugs is treated just as seriously in Missouri as alcohol-based DWI. At Scrivner Law Firm, we defend people accused of drug-related impaired driving across Taney, Stone, and Christian Counties. Our founding attorney, Dayrell L. Scrivner, is a former prosecutor with more than three decades in the law who has handled thousands of criminal matters from both sides of the courtroom. That experience, plus deep local knowledge of the courts in Branson and the surrounding communities, informs every strategic decision we make in your defense.

Missouri Law on Drug-Related DWI

Missouri’s DWI statute applies not only to alcohol but also to drugs. A person commits DWI if he or she operates a vehicle while in an “intoxicated condition,” and the statutory definition of “intoxicated condition” explicitly includes being under the influence of a controlled substance or drug, or any combination of alcohol and drugs. Missouri does not have a separate “driving under the influence of drugs” statute. Prosecutors bring drug-related cases under the same DWI law that governs alcohol.

Unlike alcohol, where .08% creates a per se offense for driving with excessive blood alcohol, Missouri has no fixed numerical threshold for THC, opioids, benzodiazepines, stimulants, or other drugs. Prosecutors must prove that the driver was actually under the influence of a drug, not simply that a metabolite was present. This is particularly important for marijuana cases. The Missouri Constitution itself makes clear that while adult use of marijuana is legal, driving under the influence is not, and that a conviction requires proof of actual impairment rather than just the presence of THC or its metabolites.

It is also important to note that the law does not distinguish between illegal substances and prescription medications. A medication can be lawful to possess and use yet still lead to a DWI charge if it impairs your ability to drive safely. This is why cases involving sleep aids, anti-anxiety medications, pain medicines, ADHD stimulants, or multiple medications often hinge on whether there is credible evidence of impairment rather than simply the presence of the substance.

Statutes That Govern Drug DWI

Section 577.010 of the Missouri Revised Statutes defines DWI and sets offense levels and enhancements. For a first offense it is generally a misdemeanor, with felony exposure if there are prior offenses or aggravating circumstances. Section 577.001 provides the definitions, including “intoxicated condition” to mean under the influence of alcohol, drugs, or a combination of both. Section 577.020 is Missouri’s implied-consent law. It authorizes breath, blood, saliva, or urine testing to determine alcohol or drug content of the blood under certain circumstances. Refusal to submit can trigger a separate license suspension. On the administrative side, the Missouri Department of Revenue imposes a 90-day suspension for a first DWI or BAC conviction, with some limited driving privileges potentially available.

Evidence in Drug-Related DWI Cases

Most cases begin with a traffic stop, a driving observation, or a crash. Officers record details about speech, balance, attention, and ability to follow instructions. They may administer standardized field sobriety tests, and if alcohol does not appear to be the cause, they may call in a Drug Recognition Expert. Missouri appellate courts have cautioned that opinions from such experts must follow proper protocols and have reliable foundations.

If drugs are suspected, breath testing is usually irrelevant. Officers instead rely on blood or urine tests. Missouri’s implied-consent law authorizes these tests, but the Fourth Amendment still governs how samples are obtained. In Missouri v. McNeely, the United States Supreme Court held that officers generally must obtain a warrant for a blood draw unless there is an actual emergency. Missouri courts have applied this rule, rejecting warrantless blood draws from unresponsive suspects where no exigency existed. These rulings are critical in drug cases because they provide avenues for challenging evidence.

Toxicology results may show the presence of THC, amphetamines, benzodiazepines, or opioids. But presence is not the same as impairment. Some metabolites remain in the body long after any impairment has ended, and concentrations can vary widely based on the timing of ingestion and the person’s tolerance. This is why Missouri law requires proof of impairment, not just a positive screen.

How Courts View Drug DWI

Appellate decisions in Missouri highlight several key themes. Drug Recognition Evidence can be admitted, but only if the proper steps are followed. Circumstantial proof of drug influence is allowed, but courts have also reversed convictions where expert testimony was not supported or where behavior had alternative explanations. The warrant requirement for blood draws remains one of the strongest tools available for challenging drug-related DWI cases.

Prescription Medications

Sedatives such as benzodiazepines can slow reaction time and impair balance, but tolerance often develops over time. Prosecutors must show impairment on the specific occasion, not simply that the person had a prescription. Opioid pain medicines raise similar issues. Many patients can function normally on therapeutic doses, and the central question is whether driving ability was impaired. Stimulants and sleep aids present additional problems. Nervousness or rapid speech may be misinterpreted as drug influence, and morning drowsiness from nighttime medication may appear like impairment. Each scenario requires careful analysis of medical records, physician instructions, and actual performance on the roadside.

Recreational Drugs

Marijuana remains the most common recreational drug in these cases. Even though adult use is legal, the law prohibits driving while impaired by marijuana. Importantly, the Constitution prohibits convictions based solely on the presence of THC or metabolites. Prosecutors must prove actual impairment. Patrol-car video and roadside tests now carry more weight in these prosecutions. Methamphetamine and cocaine can cause agitation and risky driving, but anxiety, medical conditions, or fatigue can produce similar signs. Inhalant cases often rely heavily on circumstantial proof and officer observations, which are not always reliable.

Penalties and Consequences

A first DWI conviction often brings a 90-day license suspension and a misdemeanor charge, but penalties escalate with prior offenses or aggravating circumstances. Felony charges can result in significant prison time. Beyond criminal penalties, the license consequences, employment difficulties, and stigma of a drug-based DWI conviction can affect every part of your life.

What To Do After an Arrest

If you have been arrested for drugged driving, it is important to write down everything that happened as soon as possible. Note what medications you took, when you last slept, and any unusual details about the stop or tests. Keep prescription labels and records, and avoid discussing the case on social media. Most importantly, contact a defense lawyer who understands the criminal and administrative sides of drug-related DWI.

Talk To A Former Prosecutor About Your Drug-Related DWI

Dayrell L. Scrivner spent about twenty years as a prosecutor, including time as a chief assistant prosecutor overseeing daily operations. He has taught criminal law and procedure to police and universities and helped launch local drug and veterans courts. This unique background means he can anticipate the strategies prosecutors use and identify weaknesses in their cases. He now uses that knowledge to defend clients across Taney, Stone, and Christian Counties.

If you or a loved one has been arrested in Branson, Hollister, Forsyth, Ozark, Nixa, or anywhere nearby for driving under the influence of drugs, Scrivner Law Firm is ready to help. We combine prosecutor-level insight with a strong defense perspective to challenge the State’s case at every stage, from the stop to the lab. Call us to schedule a confidential consultation with Attorney Scrivner today and begin building your defense.