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DUI in Missouri

DWI in Missouri

DWI laws vary by state and understanding the court proceedings and the DWI process can be a challenge. A qualified Missouri DWI lawyer who is familiar with the DWI laws of your state can make a difference in the penalties you could receive for your DWI charge. Do not try to fight a DWI alone. Let a DWI attorney from Missouri help you. Penalties for DWI can be very serious and can include high fines, jail time and alcohol abuse classes.

Missouri DWI Law
It is against the law for Missouri drivers to "drive while intoxicated" (DWI). Many states have different terms to describe intoxicated driving, but Missouri most commonly refers to it as DWI. A person may be arrested for DWI if:

  • The driver is driving or operating a motorized vehicle and they are under the influence of a controlled substance, drug, alcohol or any combination of these substances.
  • The driver is operating a motor vehicle with a BAC or blood alcohol concentration of 0.08% or higher. Missouri DWI laws call this "driving with excessive blood alcohol content" or per se DWI.

Missouri drivers who have a Missouri driver's license have given their implied consent to submit to a chemical test (blood, urine or saliva) if asked by a Missouri police officer after a DWI arrest. Drivers who refuse to take the chemical test may have their license revoked for one year. An officer will also seize the driver's license and issue them a temporary driving permit. Drivers have 15 days from their arrest date to file a request for an administrative hearing to challenge their license suspension. If you have been arrested for DWI it is important to contact a DWI lawyer as soon as possible.

Penalties for DWI in Missouri
Penalties for DWI are listed below, but the specific penalties a driver may be charged will depend on the specifics of their DWI case. It is important to talk to a DWI lawyer if you have been charged with DWI.

First DWI conviction - Class B Misdemeanor

  • Required jail stay of up to 6 months
  • 8 points on the driver's license
  • Required to pay a fine up to $500
  • Mandatory purchase of SR22 Insurance coverage
  • Potential installation of an Ignition Interlock Device
  • Required license suspension of 30 days and 60 days restricted after the full suspension
  • Must complete SATOP which is the Missouri Substance Abuse Traffic Offender Program prior to license reinstatement

Second DWI conviction - Class A Misdemeanor

  • Required jail stay of up to 1 year with a minimum 5 days or 30 days of community service with court approval
  • 12 points on the driver's license
  • Required to pay fines up to $1,000
  • Mandatory purchase of SR22 Insurance coverage and $45 license reinstatement fee
  • Required installation of an Ignition Interlock Device after the driver's license reinstatement
  • Required license suspension of 1 year - could be up to 5 years if the second DUI is within 5 years of the previous DWI conviction
  • Must complete SATOP - Missouri Substance Abuse Traffic Offender Program to have license reinstated.

Third DWI conviction - Class D Felony

  • Required jail stay of up to 5 years with a mandatory 10 days of jail or 60 days of community service
  • 12 points on the driver's license
  • Required to pay fines up to $5,000
  • Mandatory purchase of SR22 Insurance coverage and $45 license reinstatement fee
  • Required installation of an Ignition Interlock Device after the driver's license reinstatement
  • License suspension for 10 years
  • Mandatory completion of SATOP - Missouri Substance Abuse Traffic Offender Program for license to be reinstated.

Drivers who refuse to take the breathalyzer test will receive a one year license suspension. Drivers who get 12 points in one year on their driver's license will have their Missouri license revoked for 1 year. Drivers who get 8 points in an 18 month period can get a 30 day license suspension.