First-15-days guide

What to do in the first 15 days after a DWI or DUI arrest.

Name: Skyline Legal
Address: 7733 Forsyth Blvd, Suite 1100, Clayton, MO, 63105, US
Telephone: (314) 467-8280
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Missouri gives you 15 days to save your license. Illinois gives you 46. The clock starts the moment you are arrested. This is the practical checklist for the metro and Metro East.

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The administrative license clock is already running.

Missouri (DWI)

15 days

To request an administrative hearing with the Department of Revenue. Miss it and the license suspension takes effect automatically.

Illinois (DUI)

46 days

To file a Petition to Rescind the Statutory Summary Suspension. Miss it and the suspension takes effect automatically on day 46.

These deadlines are the criminal-defense equivalent of a statute of limitations. They are not extensions, not warnings, not soft. The day after the deadline, the license is gone.

Phase 1

At the station

The first hour after arrest.

01
Stay polite. Stop talking.
You are being recorded. Officers are friendly because they are trained to be friendly. Anything you say is admissible. The right phrase is 'I want to speak with an attorney before answering any questions.' Then stop talking. Including in the back of the squad car.
02
Decide carefully on the breath / blood test
Refusing the test triggers separate consequences. In Missouri it's a 1-year revocation. In Illinois the Statutory Summary Suspension on a refusal is also 1 year for a first offense. Whether to refuse depends on factors specific to your case (CDL, prior offenses, BAC level). If you can call a lawyer first, do.
03
Write down everything you remember while it's fresh
From the first time you saw the police lights through the booking process. The questions you were asked. What you said. What was on the dashcam. Memory degrades within hours.
04
Get your paperwork organized
Citation, bond paperwork, breath/blood test results, notice of license suspension, court date notice, and anything they hand you on release. All of it matters. Photograph everything before it gets lost in a glove compartment.

Phase 2

First 24 hours

What to do once you're home.

01
Call an attorney before you sleep
Even if it's 3 a.m. Most criminal defense attorneys (including this firm) take after-hours calls for arrests. The advice you get in the first 24 hours is more valuable than anything that comes later.
02
Do not post about the arrest on social media
Not even to vent. Posts get screenshotted, used in plea negotiations and at trial. Set accounts private and post nothing.
03
Do not contact the arresting officer
Do not call to apologize, explain, or ask questions. Anything you say to the officer (or their colleagues, or the prosecutor) without an attorney is being used to build the case against you.
04
Tell your employer only what you have to
If you drive for work or hold a CDL or a professional license, you may have a reporting obligation. The timing and wording of that report matters. An attorney can help you handle it correctly.
05
Calendar every date on the paperwork
Court dates, license-hearing deadlines, arraignment, anything with a date on it. Missing a court date is a separate offense (failure to appear) and triggers a warrant.

Phase 3

First 15 days (MO) / 46 days (IL)

Save your license.

01
File for the administrative hearing. Missouri
Within 15 days of the Notice of Suspension/Revocation, your attorney files a request with the Missouri Department of Revenue for an administrative hearing. This pauses the suspension and is often the first place the case starts to come apart for the state.
02
File the Petition to Rescind. Illinois
Within 46 days of the Notice of Statutory Summary Suspension, your attorney files in the criminal court a Petition to Rescind. The hearing must happen within 30 days of filing or the suspension is rescinded automatically by operation of law.
03
Get the dashcam, bodycam, and breath-machine records
Available through formal discovery. Many cases turn on whether the breath machine was properly calibrated, whether the field sobriety tests were administered correctly, and whether the officer's report matches the video. None of that is visible without the records.
04
Get an alcohol assessment scheduled
Most courts will eventually require a substance abuse evaluation as part of any disposition. Doing it early shows initiative, costs nothing extra, and gives your attorney leverage in plea discussions.

Never

Six things never to do.

Never plead guilty at the first appearance to "get it over with." Most first DWI / DUI defendants who plead at arraignment can never undo it. Almost every case has issues that emerge after discovery.
Never assume a high BAC means the case is hopeless. Breath machines have calibration windows, observation requirements, and procedural rules that get violated more often than people think. We have won cases with 'bad' breath numbers.
Never miss a court date. Failure to appear creates a warrant, an additional charge, and immediately destroys your credibility with the judge.
Never drive on a suspended license. Driving while suspended is a separate criminal charge that compounds quickly. If you can't drive legally, don't drive.
Never talk to the prosecutor without your attorney. Prosecutors are not allowed to give you legal advice and will use anything you say against you.
Never assume the public defender is your only option. Public defenders are good lawyers carrying overwhelming caseloads. If you can afford private counsel, the time and attention available to your case is dramatically different.

Missouri DWI is not the same as Illinois DUI.

Different statutes, different procedural deadlines, different first-offense diversion programs, different license consequences. The full procedural breakdown is on the Missouri vs Illinois guide.