Missouri DUI Laws & Attorneys
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When it comes to alcohol the laws of Missouri are among the quirkiest in the United States. Perhaps because Missouri is a leading alcohol producing state, it never implemented statewide prohibition on its own, and actually rejected The Volsted Act several times. Even Carrie Nation was fined and thrown out of the state for smashing bottles of liquor in bars. During prohibition no one was ever seriously prosecuted under the Volsted Act.
Missouri is one of the few states where you can still have an open container in a vehicle, but once you get caught drinking and driving in Missouri, you’ll find the laws and prosecutors are as stubborn as the legendary Missouri mule.
Missouri’s DWI ‘per se’ law states that a blood alcohol content (BAC) of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘impaired’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Missouri DWI, even though you are not “legally drunk”.
You should note that you have the right to a second blood alcohol content (BAC) test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Missouri DWI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
After being charged with a Missouri DWI you’re going to face two adversaries: the criminal courts, and the Missouri Department of Revenue (DOR), Motor Vehicle and License Division (MVD). These two separate cases: a pre-conviction administrative driver's license suspension, as well as a criminal defense can result in a full array of Missouri drunk driving consequences. Some of the penalties may seem similar, but they are imposed separately although most of the time they run concurrently (at the same time).
If your license was suspended or revoked because of a DWI, you will be offered a formal DOR/MVD hearing. The hearing may be a crucial opportunity to let your Missouri DWI defense attorney cross-examine, rebut testimony, and confront evidence offered by those involved in your arrest and investigation.
Administrative suspension or revocation of a driver's license is usually carried out by the Motor Vehicle Division, distinct from any criminal court penalties. You have to make an administrative hearing request within 15 days with the DOR/MVD (after receiving a notice of license suspension) to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DOR/MVD sanctions can also be imposed even if you are found not guilty in a criminal court case.
Be advised that Missouri has an out-of-state Driver’s License Compact Agreement. This means that a Missouri DWI conviction will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Missouri DWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DWI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Missouri DWI specialist. In any case, when you are stopped and arrested for suspicion of a Missouri DWI, request to see a DWI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Watch yourself In Missouri. The courts have ruled that police and prosecutors do not have to prove that an officer lawfully stopped a motorist for any reason, or for no specific reason.
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Missouri DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Missouri DWI lawyer, which is your right. 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.
But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
I’m Simply Going To Plead Guilty, Why Do I Need A Missouri DWI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DWI charges and Missouri drunk driving laws should be taken very seriously. Missouri DWI convictions and penalties can be long lasting and severe, both in court and with the Missouri Department of Revenue, Motor Vehicle and License Division which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby possibly mitigating your penalties. A Missouri DWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Missouri DWI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Missouri DWI Defense Attorney Going To Cost?
One of the biggest concerns for anyone charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Missouri DWI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance in establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DWI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 15 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a Missouri drunk driving charge without an experienced Missouri DWI lawyer. Sometimes an experienced Missouri DWI attorney may get a DWI charge reduced to a lesser charge or penalty. This is fortuitous because the penalties may be less and it may not reflect a DWI conviction.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Missouri DWI specialist, specialized pleas or plea bargaining is not possible.
Can I Have Convictions Removed From My Record?
An offender may have their 1st DWI ‘expunged’ from a criminal record after 10 years, if there has been no further substance abuse related convictions. Administrative driver's license sanctions may not be expunged.
Is Being Punished by the Missouri DOR/MVD and the Criminal Courts Double Jeopardy?
Like most states, Missouri law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Missouri DOR/MVD administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Missouri and most states have an out-of-state Driver’s License Compact Agreement, meaning that Missouri DWI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Missouri DWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What is a “Look Back Period”?
The time a judge can look back into your driving record to determine past convictions and use this to increase present penalties. In Missouri the "look back period" is 5 years.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Missouri administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program and have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I get A Hardship License?
Yes, after a 30 day waiting period following your 1st DWI, or after 2 years for 2 DUI convictions within 5 years.
What About Enhanced Punishments For Missouri DWI Convictions?
Many circumstances may lead to sentence enhancements: prior DWI convictions, BAC of .15% or higher, the presence of a child in the car, speeding, reckless driving, an elevated BAC level, and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Missouri multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a of loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Missouri DWI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
-- Missouri DWI Criminal Penalties --
1st Missouri DWI Offense
Up to 6 months in jail.
Up to $500 fine, plus court costs.
30 days loss of license, followed by 60 days restrictions on license (only to work, school, medical treatment or substance abuse program).
2 years probation: no drinking, lead law abiding life.
Substance Offense Traffic Offender Program attendance (SATOP), plus fees.
Possible interlock ignition device installed in vehicle, plus fees.
2nd Offense
Any prior will enhance penalties.
Up to 1 year in jail.
Up to $1,000 fine, plus court costs.
1 year to 5 years loss of license.
2 years probation: 2 days jail, mandatory AA meetings, no alcohol, substance abuse treatment.
Attend Substance Abuse Traffic Offender Program.
Ignition Interlock Device installed in vehicle, plus fees.
A persistent or habitual offender is defined as having 2 or more convictions within 10 years.
3rd Offense
Felony.
Up to 5 years in jail.
Up to $5,000 fine, plus court costs
Possible loss of license up to 10 years.
60 days community service.
Not eligible for hardship license.
Plus any of the above.
4th Offense
Felony.
Aggravated offender.
Minimum 10 days in jail with probation.
60 days community service.
Up to 7 years in prison.
Up to $5,000 fine.
10 years loss of license.
Not eligible for hardship license.
Plus any of the above.
5th Offense
Felony.
Up to $5,000 fine.
Chronic offenders must serve 2 years in prison.
5 to 15 years in prison.
10 years loss of license.
Plus any of the above.
Commercial Driver’s License
BAC of .04% or more receives 2 points on license.
1 year disqualification of license.
3 years disqualification for hauling hazardous material with DWI.
Subsequent offenses lifetime disqualification.
BAC Test Refusal
1st refusal:
90 days to 1 year loss of license.
$300 fine.
15 days in jail.
2nd refusal:
1 year loss of license.
$1,000 fine.
Possible 1 year in jail.
3rd refusal:
1 year loss of license.
Up to 5 years in jail.
Up to $5,000 fine.
– Missouri Department of Revenue DWI Administrative Penalties –
The Missouri DOR/MVD point system which regulates your right to drive is based upon the severity of traffic offense. Generally 8 points means a 30 day license suspension.
1st DWI Offense
30 days loss of license, followed by 60 days restricted license.
Mandatory substance abuse assessment and treatment.
8 points on your driver’s license.
2nd and Subsequent DWI Offenses
1 year up to 3 years loss of license (for 3rd offense).
Not eligible for hardship license.
Mandatory substance abuse assessment and treatment.
Possible. vehicle confiscation.
Possible ignition interlock device required.
12 points on driver’s license
BAC Test Refusal
1st and 2nd BAC Test Refusal: 1 year loss of license.
Underage DWI
1st offense: loss of license for 90 days.
The adolescent diversion education program with $100 fee.
2nd offense: loss of license for 1 year.
Probation with Substance Abuse Traffic Offender Program.
SR – 22 high risk insurance policy for 2 years.
Commercial Driver’s License
BAC .04% legal limit, or any drugs found in system, or for distribution of drugs using a motor vehicle.
1st DWI Offense: 1 year disqualification of CDL.
3 years disqualification for DWI while hauling hazardous material.
Subsequent DWI Offenses: Lifetime Disqualification.
BAC Test Refusal
1st refusal: 1 year loss of license.
2nd refusal: 10 years loss of license.
No deferred, suspended sentences or hardship licenses available.
– Disclaimer –
Only skilled and licensed Missouri DWI specialists should provide you with bona fide legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Missouri DWI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and Missouri DWI litigation takes experience. Please let us refer you to a seasoned Missouri DWI professional.
– Citations –
Missouri DWI Laws R.S.Mo. §577.012 Missouri DWI Law R.S.Mo. §577.010
BAC test refusal 577.041.
