Missouri DUI Law & Lawyers: DUI-Web

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Missouri’s drunk driving offenses are known as both a DUI (driving under the influence) and DWI (driving while intoxicated). Missouri is a “per se” state, meaning that it is illegal to drive with a BAC of .08% or higher regardless of how well you were driving. A refusal to take a chemical test can be used against you in court as consciousness of guilt and may result in a longer license suspension period.

Missouri has what is known as “implied consent,” meaning that you are presumed to know and understand your rights concerning the testing of your BAC in connection with a DWI arrest. Most tests are breathalyzer test, but the officer may choose another method. Under Missouri law you are entitled to 20 minutes in which to contact your lawyer during your arrest.

As with most other states, your arrest for DWI will result in two separate cases, one criminal case which can result in criminal penalties like fines, license suspensions and even jail time and the administrative case against the Missouri Department of Revenue which deals solely with your privilege to drive. When you are arrested for a DUI/DWI in Missouri your license will be suspended automatically 15 days from the date of your arrest unless you file a Petition for Review against the Department of Revenue within that 15 day period.

For the first offense your penalties could include a fine of up to $500 and court cost of up to $100, jail time of up to 6 months and a suspension of your driving privileges for up to 90 days with a 60 day restricted permit to drive to and from work and/or school after the first 30 days. In addition, a conviction for a first offense will result in 8 points being assessed against the driver’s license. In some circumstances, with an attorney, your first offense could result in a SIS or “Suspended Imposition of Sentence” wherein you agree to go on probation for 1 to 2 years, enter a SATOP or alcohol education program and after that time period, assuming you haven’t broken any driving or alcohol related offenses, you will not have a conviction on your record.

Conviction of a second DWI within 5 years could result in up to one year in jail, a fine of up to $1,000 and the revocation of your driver’s license of up to 5 years with 12 points being assessed to your driving record. A hardship license will not be available for 2 years after your initial revocation. In addition, you will be required to serve a mandatory 48 hours of incarceration, which may be waived by doing 10 hours of community service.

Conviction of three or more DWI’s may result in the driver being deemed a “Persistent Offender” and guilty of a Class D Felony. The penalties could include up to 5 years in prison and a fine of up to $5,000. You will not be eligible for a SES or “Suspended Execution of Sentence.” The Court has the discretion to suspend the execution of sentence after 10 days in jail or 60 days of community service. You will then be placed on probation. In addition, your license will be suspended for a period of 10 years. If you are convicted of a felony DWI no hardship license is available. If the conviction is not a felony you may be eligible for a hardship after 3 years.

Administrative Driver’s License Penalties

With an arrest for a DWI in Missouri you will also have to defend the administrative case against the Department of Revenue dealing with your privilege to drive. You have only 15 days after your arrest to appeal the suspension of your license, otherwise the suspension is automatic and there is no chance for appeal. If the arrest is your first offense your driving privileges will be suspended for 90 days but you will be eligible for a restricted hardship license after the first 30 days. If the arrest is your second offense your driving privileges will be suspended for one year with no chance for a hardship license.

If the arrest is your first offense and you refuse the chemical test the administrative suspension will be for one year but you will be eligible for a hardship after 90 days.