Missouri DWI LAW
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Missouri drunk driving cases are commonly referred to as driving while intoxicated (DWI) when alcohol related, or driving under the influence (DUI) where drugs are involved.
Missouri has a DWI "per se" law, meaning that it is illegal to drive with a blood alcohol content (BAC) of .08 percent or greater. If you have been arrested for a DWI or DUI, our experienced attorneys are available for a FREE consultation.
If someone is arrested for drunk driving, DWI or DUI refusal to take a chemical test can be used as evidence in court, and also result in criminal and administrative penalties, meaning a longer driver’s license suspension.
Warning! Your license is at risk of being suspended or revoked if you do not take appropriate action within 15 days of your arrest if you refused to take a breath, blood or urine test after being arrested for DWI / DUI in Missouri, or if the results of your test were above the prohibited level of .08 percent BAC for drivers over age 21 and .02 percent BAC for drivers under age 21). It is vital that you contact an experienced DWI defense attorney as quickly as possible to protect your license.
Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a Missouri DUI LAWS lawyer near you for a free consultation by calling 1.800.DWI.LAWS.
Implied Consent
Driver's License Consequences
First Offense DWI or DUI
Conviction of a first DWI is a Class B misdemeanor.
- JAIL: Up to a maximum of six (6) months imprisonment.
- FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.
- PROBATION: The general terms of probation are no drinking and driving, do not break the law, go to SATOP, etc. Probation usually lasts 2 years. A conviction plea of guilty plus the imposition of a fine and / or court costs with probation is commonly referred to as a "Suspended Execution of Sentence" or SES.
- SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DUI results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available during the first 30 day period if you lose your administrative hearing. This suspension becomes a permanent part of your driving record if you do not win your appeal to the Circuit Court of the County where you are arrested. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver's license.
Second Offense DWI or DUI
Conviction of a second DWI or DUI within a five year period is a Class A misdemeanor.
- JAIL: Up to a maximum of one year in jail.
- FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00.
- PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of length of community service. The terms of probation are standard: no breaking the law, no drinking and driving, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will be for two year period.
- REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This assumes that you are not otherwise ineligible(e.g., on both occassions, you refused the test). This revocation goes on the person's driving record. Twelve points are also assessed against the driver's license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.
Third DWI or DUI Offense
A third DWI / DUI during the driver’s lifetime will result in a Class D felony charge. If convicted, if you have two prior alcohol-related convictions (BAC or DWI) on your driving record, there will also be a 10 year denial of driving privileges.
- JAIL: Up to four years in prison.
- FINE: Up to $5,000.00, plus court costs of between $10.00 to $100.00.
- PROBATION: Missouri law prohibits a suspended execution of sentence for a felony DWI unless as a condition of probation, you are ordered to serve 10 days shock time in jail or 60 days of community service.
- REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI or DUI, the defendant's driver's license is revoked for 10 years regardless of how old the two prior convictions are. These revocations or "denials" go on the person's driving record forever. If convicted of a felony DWI or DUI, no hardship license is available.
Fourth DWI or DUI Offense
A fourth DWI / DUI arrest during the driver’s lifetime will be charged as a Class C felony. A conviction may again result in a minimum 10-year denial of driving privileges. The driver will be classified as an “aggravated offender.”
- JAIL: Up to seven years in prison.
- FINE: Up to $5,000.00, plus court costs of $10.00 to $100.00.
- PROBATION: Missouri law prohibits a suspended execution of sentence for a felony DWI. The court may suspend execution of sentence, provided that the court orders you to serve either 10 days in jail or 60 days of community service.
- REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI or DUI, the defendant's driver's license may be revoked for a minimum of 10 years regardless of how old the prior convictions are. These revocations or "denials" go on the person's driving record forever. If convicted of a felony DWI or DUI, no hardship license is available.
Fifth or Subsequent DWI or DUI Offense
A fifth or subsequent DWI / DUI arrest during the driver’s lifetime may be charged as a Class B felony, and again, may result in a 10-year revocation of driving privileges. If convicted, the driver will be classified as a “chronic offender.”
- JAIL: Five (5) to fefteen (15) years in prison.
- FINE: Up to $5,000.00, plus court costs of $10.00 to $100.00.
- PROBATION: If convicted as a chronic offender, you must serve at least two (2) years in the State penetentiary before you may be considered for parole.
- REVOCATION OF DRIVING PRIVILEGES: Upon a fifth or subsequent criminal conviction for DWI or DUI, the defendant's driver's license may be revoked for a minimum of 10 years regardless of how old the two prior convictions are. These suspensions go on the person's driving record forever. If convicted of any felony DWI or DUI, no hardship license is available.
Every person who operates a motor vehicle in the state of Missouri is deemed to have given his or her consent to have his or her breath, blood, urine, or other bodily substances tested for alcohol and/or drugs. This is known as Missouri's "Implied Consent" law. You are presumed to know and understand your rights and responsibilities concerning the testing of your bodily fluids in relation to a DWI / DUI arrest.
The police officer will choose what type of test to offer. You do not get a choice in that matter. Under Missouri law, however, you are allowed 20 minutes to contact a lawyer about whether or not to submit to a test, provided that you ask to exercise that right.
You also have the right to obtain your own test of your body fluids by a physician, qualified technician, chemist, registered nurse or other qualified person after you have submitted to the officer's requested test.
A DWI / DUI arrest in Missouri triggers two separate cases: the criminal court case, and the driver's license case, which is filed by the Department of Revenue against the driver's license. Take note: if you are arrested for any drunk driving offense - DWI / DUI, you have only 15 days from the date of arrest to have a hearing.
Suspension Penalties
If a Sustain Order is issued after the administrative hearing:
- FIRST TIME FAILURE OF A TEST: For a driver with no alcohol related law enforcement contacts within the previous five years, driving privileges are suspended for 30 days followed by 60 days of Restricted Driving Privilege. The restricted license is available upon showing proof of insurance before the 30 days suspension has expired. The restriction allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. This goes on the person's driving record and stays forever, with certain exceptions for minors.
- SECOND AND SUBSEQUENT FAILURES OF A TEST: Driving privileges are suspended for one year. You are not eligible for a hardship license. This goes on the person's driving record and stays for five years.
Test Refusal
If you refused the test, driving privileges are revoked for one (1) year. However, if it is your first, you can apply for a hardship license after 90 days. This goes on the person's driving record and stays for five years.
NOTE: The administrative hearing and the criminal case are two separate suits. Neither one has any bearing whatsoever on the other. However, if you are suspended pursuant to one, that suspension will be run concurrent with a suspension in the other. So, if you lost at the administrative hearing and at trial, and it was your second time DWI, you would only be suspended for one year total. But, your driving record will reflect two separate suspensions for the same arrest.
Appealing The Suspension
Every driver has the right to appeal the administrative driver's license suspension to the circuit court of the county in which the arrest was made. A Petition for Review of a license revocation must be filed within 15 days of the date that the suspension was mailed by the Director. If an appeal is taken, the matter is heard anew by a judge in the courtroom and the administrative hearing is treated as though it never happened. These appeals are usually handled by the Department of Revenue.
If you have been revoked from driving in Missouri for convictions or a refusal, you may be eligible for "Limited Driving Privileges", most commonly known as a hardship license. You may apply for a hardship license to either the circuit court of your county of residence or the Director of Revenue. There are many reasons why a hardship license may not be granted, including the fact that you have been convicted of a felony involving the use of a vehicle, the failure to pay child support, or suspension in another state. There are also many requirements concerning when a person may apply for the hardship license. For instance, a person convicted of two DWIs within 5 years may not apply for a hardship license until he or she has served at least 2 of the 5 years of revocation. You should consult with an attorney concerning whether you are eligible for a hardship license.