MISSOURI DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
MISSOURI DUI/ DWI REGULATIONS
In Missouri, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Missouri automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
MISSOURI DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
Ignition Interlock Devices
- As part of the state’s commitment to protecting motorists, the Missouri Department of Revenue’s Driver Licensing Division has the authority to request that any person convicted of a DWI be required to use an ignition interlock device in their vehicle.
- An ignition interlock device conducts an alcohol breath test before allowing you to start your vehicle. You will have to install this device at your own expense and pay a monthly maintenance fee to insure that it is working properly.
If you are over 21 years old:
1st Offense
- Is treated as a Class B Misdemeanor.
- Imprisonment for up to 6 months and/or up to a $500 fine.
- 8 points will be added to your driving record.
- Your license will be suspended for 30 days.
- You may be eligible to drive with limited driving privileges, (see here), for 60 days, after the 30 days of suspension, and then become eligible to reinstate your license after 90 days, if you meet the reinstatement requirements.
2nd Offense
(within 5years) “Prior Offender”
- Is treated as a Class A Misdemeanor.
- Imprisonment for up to 1 year and/or up to a $1,000 fine.
- 12 points will be added to your driving record.
- Your license will be revoked for 1 year.
- If two convictions occur within 5 years, the driver will face a 5-year license denial. You may be eligible to apply for limited driving privileges here, once you complete at least 2 years of the 5-year denial period.
3rd Offense
(within 10 years) “Persistent Offender”
- Is treated as a Class D Felony.
- Imprisonment for up to 5 years and/or up to a $5,000 fine.
- 12 points will be added to your driving record.
- Your license will be revoked for 1 year.
- If 3 or more convictions occur for DWI or BAC or a combination of the two, the driver will face a 10-year license denial. You may be eligible to apply for a limited driving privileges here, once you complete at least 3 years of the 10-year denial period. A circuit court order is needed after 10 years from the last county of conviction, to reinstate the license.
4th Offense
“aggravated offender”
- Is treated as a Class C Felony.
- Imprisonment for up to 7 years and/or up to a $5,000 fine.
- 12 points will be added to your driving record.
- Your license will be revoked for 1 year.
- “Aggravated offender” may also mean some one who has committed involuntary manslaughter or 2nd Degree Murder while DUI; or launched a 2nd-degree assault on a law enforcement officer along with one or more conviction of DWI, DUID or BAC.
5th Offense
“Chronic Offender”
- Is treated as a Class B Felony.
- Imprisonment between 5 and 15 years.
- 12 points will be added to your driving record.
- Your license will be revoked for 1 year.
- “Chronic offender” may also mean some one who has committed any combination of involuntary manslaughter, 2nd Degree Murder or a second-degree assault on a law enforcement officer on two or more occasions. It may also refer to some one who has committed involuntary manslaughter or 2nd Degree Murder while DUI; or launched a 2nd-degree assault on a law enforcement officer along with 2 or more convictions of DWI, DUID or BAC.
- As per the “Abuse and Lose” law, the court may order a driver’s license to be revoked for 1 year if he/she possesses or uses drugs while operating the vehicle.
If you are under 21 years old:
- 2 points will be added to your driving record and your license will be suspended or revoked, if you are convicted under the “Minor In Possession/Other Alcohol Offenses Law”- trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving.
- The license may be suspended or revoked for 30 days after the first conviction, for 90 days after the 2nd conviction, and for a full year following the 3rd or subsequent conviction.
- As per the “Abuse and Lose” law, the court may order a minor’s license to be suspended for 90 days for the first conviction or revoked for 1 year for a subsequent conviction for any alcohol or drug-related offense (including possession and use) while driving; or a 2nd offense of possessing or using alcohol by some one under 18; or for changing or lying on your driver license.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
MISSOURI PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- 2 points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
MISSOURI ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Missouri has an Administrative Alcohol Law in addition to the criminal laws against DUI/DWI. Based on this law, an officer may arrest a driver if:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 21 and is driving with BAC 0.02% or more.
Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Missouri driver license and issue a temporary 15-day driving permit, file an AIR (Alcohol Influence Report), complete a notice of license suspension/revocation based on the nature of the offense along with a Missouri Uniform Complaint and Summons, or warrant, if applicable; and send the entire set to the Department of Revenue. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. If he has any alcohol related convictions or suspensions for this 5-year period, his license will be revoked for 1 year, and if not, then it will be suspended for 30 days. You may be eligible to drive with limited driving privileges, see here, for 60 days, after the 30 days of suspension. The suspension or revocation begins 15 days after the final order of the hearing officer is mailed from the Department of Revenue. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. He will, however, have to serve the suspension/revocation until the circuit court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins on the 15th day after the arrest, and is final.
MISSOURI LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Revenue, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the Substance Abuse Traffic Offender Program or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $45, and maintain proof of financial responsibility for two years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 is not required for minors when they are suspended for their first offense under the zero tolerance law.
- If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
- You can submit the reinstatement application and fees (Monday-Friday from 7:30 am to 5:30 pm, except for state holidays) in person at:
Driver License Bureau
Truman State Office Building
301 West High Street, Room 470
Jefferson City, Missouri
You can also send the reinstatement package by mail to:
Driver License Bureau
P.O. Box 200
Jefferson City, Missouri 65105-0200