DUI Reference Guide

Missouri DWI Laws

Missouri DWI Laws

Every one of the nation’s 50 states along with the District of Columbia have laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above 0.08%.  In the majority of states, suspension of license can occur prior to conviction of a DUI offense if a driver fails, or even refuses, to take a chemical test.  In these cases, drivers may lose the license immediately upon arrest.  The process is independent of any criminal prosecution, which may follow.

In the state of Missouri, any driver suspected of drunk driving, who refuses to provide a blood, urine or breath sample for testing for alcohol, can have his or her driving privileges suspended, in addition to having harsher penalties imposed by the court.  The arresting officer has the right to choose the type of test, as the driver has no choice.  If license is suspended, in some cases, a driver may be eligible to have limited driving privileges restored. 

Conviction of Driving While Intoxicated (DWI) in Missouri can lead to conviction of a Class B Misdemeanor for a first offense.  If convicted, an offender may be responsible to pay a fine up to $500, along with additional court costs.  License may be suspended for a 30–day period, followed by a 60–day restriction, which allows driving only to and from employment or to and from an alcohol treatment program.  The offender also may be sentenced up to a maximum of six months in jail.  Some offenders are placed on probation for anywhere from one to two years, during which time, no drinking or even going anywhere where alcohol is served are allowed.

If convicted for a second DWI offense, in addition to jail time, an individual may be responsible for paying fines up to $1,000 in addition to court costs.  In this case, an individual is eligible for probation only after serving a mandatory minimum 48 hours in jail.  However, in certain circumstances the court may waive the 48 hours of incarceration and order 10 hours of community service instead.  Other penalties may include court ordered participation in either a residential or an out–patient alcohol treatment program, or attendance at AA meetings.  

For individuals convicted of a second DWI offense within five years of the first, driving privileges may be revoked for five years.  Conviction of a Class A Misdemeanor will lead to 12 points being assessed against the driver’s license, and the suspension will go on the individual’s driving record.  If sentenced to a period of probation, the individual only will be allowed to drive a motor vehicle in which an ignition interlock device has been installed.  The driver is responsible for the costs of installing and maintaining the device.  

In the state of Missouri, a driver has the right to appeal revocation of the driver’s license within 15 days of the suspension.  A petition for review of the case must be submitted to the Director of the circuit court in the county in which the DWI arrest was made. 

A driver convicted of three or more DWI offenses is guilty of a Class D Felony, and may be sentenced to up to five years in prison.  Driving privileges will be suspended for 10 years.  Fines also could range up to $5,000.  However, in certain situations, the court may suspend sentence after the offender serves 10 days in jail or 60 days of community service.  The offender then will be required to serve probation.

As with any criminal charges, it is essential for anyone arrested for DUI to consult with an attorney as soon as possible.  A lawyer can assist an individual with their court case.  In addition, they can represent anyone who requests a hearing in an effort to avoid license suspension.

Lawyers can be located using online attorney directories.  Telephone book yellow pages are also an excellent way to find local attorneys.  Anyone facing DUI charges should look to find a lawyer specializing in or handling only DUI cases.  DUI lawyers keep informed about any new laws or changes to the current DUI laws.  They are experienced in defending an individual against DUI charges.  Other lawyers might not have enough experience with DUI cases or enough knowledge to represent a DUI defendant well.