MISSOURI DWI OR DUI ARREST
Missouri drunk driving cases are commonly referred to as driving while intoxicated (DWI). When drugs are involved, the cases are commonly referred to as driving under the influence (DUI).
In Missouri, a driver operating a motor vehicle with a blood alcohol content (BAC) of .08 percent or greater, will generally be charged with driving while intoxicated. This is commonly referred to as a “per se” drunk driving charge. Note, however, that you can be arrested for DWI or DUI charge even if your BAC is under the presumptive level of .08 percent. If you have questions concerning a DUI or DWI charge, or if you have been arrested for drunk driving, contact
Russell L. Powell at (816) 550-3695 for a free consultation.
IN MISSOURI, YOU ONLY HAVE 15 DAYS FROM THE DATE OF NOTICE (USUALLY ARREST DATE) TO FILE FOR AN ADMINISTRATIVE HEARING. IF YOU FAIL TO FILE FOR AN ADMINISTRATIVE HEARING WITHIN 15 DAYS OF THE DATE OF THE NOTICE OF SUSPENSION, YOUR LICENSE WILL TYPICALLY BE SUSPENDED FOR 30 DAYS IF YOUR BAC WAS ABOVE .08 PERCENT, OR FOR ONE YEAR IF YOU REFUSED TO TAKE A BLOOD, BREATH OR URINE TEST AFTER BEING ARRESTED FOR DWI OR DUI, DEPENDING UPON YOUR DRIVING HISTORY AND/OR CRIMINAL HISTORY. Contact RUSSELL L. POWELL at (816) 550-3695 for a free consultation on your DWI or DUI charge.
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 generally range between $25.00 and $125.00.
PROBATION: The terms of the probation can vary greatly depending upon which jurisdiction the arrest occurred. Generally, however, the probation terms are no drinking and driving, do not break any federal, state or local law, complete the SATOP within 90 days. Some Courts require community service. Some Courts require supervised probation, while others do not. Contact Russell L. Powell at 816-550-3695 to discuss the specifics of your case and possible dispositions in further detail.
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 (1) year in jail.
FINE: Up to $1,000.00, plus court costs of between $25.00 and $125.00.
PROBATION: Under Missouri law, a person is eligible for probation only after they have served a mandatory minimum of 48 hours of incarceration. This requirement of mandatory incarceration may be waived in lieu of community service. Probationary terms often include: Obey all federal, state and local laws, no driving unless properly licensed, no driving within 24 hours of drinking, attend and complete the SATOP classes. The Court may order AA meetings, outpatient treatment, or an inpatient treatment programs. Probation will generally be for two years.
REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second DWI within five (5) years will generally result in a five
(5) year revocation of your driving privilege. A hardship license may not be applied for until two (2) of the five (5) year revocation has been served, assuming that you are not otherwise ineligible. This revocation goes on the person's driving record. Twelve (12) points are also assessed against the driver's license regardless of when the first DWI conviction was received. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation, and the installation and monthly maintenance charges are incurred by the driver.
THIRD OFFENSE DWI OR DUI
A third DWI / DUI conviction during the driver’s lifetime is a Class D felony, and may result in a ten (10) year denial of the drive’s Missouri driving privileges if the driver has two prior alcohol related convictions on their driving record.
JAIL: Up to four (4) years in prison.
FINE: Up to $5,000.00, plus court costs of which generally range between $25.00 to $125.00.
PROBATION: Varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DWI. The Court will generally not suspend execution of the sentence, unless as a condition of probation, the defendant is 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 when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record, and, under the current law, will remain there forever. If you are convicted of a felony DWI or DUI, you are not eligible for a hardship license.
FOURTH OFFENSE DWI OR DUI
A fourth DWI / DUI arrest during the driver’s lifetime will be charged as a Class C felony, and if convicted, the driver will be classified as an “aggravated offender”. Additionally, similar to a third conviction, a minimum 10-year denial of driving privileges will be assessed on the driver’s record.
JAIL: Up to seven (7) years in prison.
FINE: Up to $5,000.00, plus court costs of $25.00 to $125.00.
PROBATION: Varies greatly between jurisdictions, however, Missouri law does prohibit a suspended imposition of sentence for a felony DWI. The Court will generally not suspend execution of the sentence, unless as a condition of probation, the defendant is ordered to serve 10 days shock time 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 is revoked for 10 years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record, and, under the current law will remain there forever. If you are convicted of a felony DWI or DUI, you are not eligible for a hardship license.
FIFTH DWI OR DUI OFFENSE OR SUBSEQUENT OFFENSES
A fifth or subsequent DWI / DUI arrest during the driver’s lifetime may be charged as a Class B felony, and if convicted, the driver will be classified as a “chronic offender”. The same ten (10) year license revocation as described above applies.
JAIL: FIVE (5) TO FIFTEEN YEARS IN PRISON.
FINE: Up to $5,000.00, plus court costs of $25.00 to $125.00.
PROBATION: Under current Missouri law, if an individual is convicted as a chronic offender, the defendant must serve at least two (2) years in the State penitentiary before you may be considered for parole.
REVOCATION OF DRIVING PRIVILEGES: Upon a fourth or subsequent criminal conviction for DWI or DUI, the defendant's driver's license is revoked for 10 years regardless of when the two prior convictions were received. The ten (10) year revocation or denial will be placed on your driving record, and, under the current law will remain there forever. If you are convicted of a felony DWI or DUI, you are not eligible for a hardship license.
MISSOURI IMPLIED CONSENT LAW
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.
DRIVERS LICENSE CONSEQUENCES
Like most other states, an arrest for DWI or DUI initiates two separate legal proceedings. First, the criminal case, filed in the jurisdiction in which the arrest was made, and; Second, a driver’s license hearing which is filed with or against the Missouri Department of Revenue. As noted above, it is important that you contact an attorney immediately you’re your arrest for DUI or DWI, as you only have fifteen (15) days to file for your Administrative Hearing to protect your Missouri Driving Privileges. If you do not file for an Administrative Hearing within the first fifteen (15) days after you receive a notice of suspension form, normally given at the time of your arrest, you will forever lose your right to do so, and your license will be suspended. The only caveat is that upon a refusal of a breath, blood or urine test, a driver has thirty (30) days to appeal the suspension by filing a Petition for Review in the Circuit Court, however, the suspension of the driver’s license goes into effect after the first fifteen (15) days, and only a Circuit Court or Associate Circuit Court Judge may stay or lift the suspension until the driver is afforded an Administrative Hearing. As such, it is imperative that the driver contact an attorney immediately after arrest to discuss their options. Attorney Russell L. Powell will give you a free consultation by calling him at (816) 550-3695.
MISSOURI DRIVER’S LICENSE SUSPENSIONS:
If the Department of Revenue sustains a suspension of the driver’s Missouri Driving Privileges then:
FIRST TIME FAILURE OF A TEST: If a driver does not have a prior alcohol related contact on their driving record, or does not have an alcohol related contact within the past five (5) years, then the driver’s privileges are suspended for thirty (30) days. Upon filing of an SR-22 Insurance Certificate with the Missouri Department of Revenue, the driver will be granted a sixty (60) day Restricted Driving Privilege at the conclusion of the thirty (30) day suspension. This restricted license 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. It is rare, however, for a driver to be ticketed for driving outside of their restricted license. The alcohol related suspension is placed on a person’s driving record, and under current Missouri law, can not be removed from a person’s driving record even after their driving privileges are fully reinstated. Therefore, it is important to contact an attorney to discuss your options for challenging the license suspension. You may contact Russell L. Powell at (816) 550-3695 for a free consultation, but you must act quickly as your license may be suspended within fifteen (15) days of your arrest.
SECOND AND SUBSEQUENT FAILURES OF A TEST: If the driver has an alcohol related suspension within the past five (5) years, then the suspension will be for one (1) year with no possibility of obtaining a hardship driving privilege. If a driver receives the second suspension more than five (5) years after serving the suspension for the first test failure, then the suspension will generally be for thirty (30) days followed by a sixty (60 ) day restricted license. For subsequent offenses, a third or more, an individual’s driving privileges will be suspended for at least one year, with no possibility for a restricted driving privilege.
REFUSAL OF A BREATH, BLOOD OR URINE TEST
A driver who refuses a breath, blood or urine test is facing a one (1) year revocation of their Missouri Driving Privileges. An experienced DUI or DWI attorney may be able to stay the revocation of their driver’s license, pending the outcome of an administrative hearing. It is important to note, that a driver does not automatically receive an Administrative Hearing for a test refusal. A lawsuit must be filed against the Director of Revenue in the Circuit Court of the county in which the arrest occurred, and a Judge may or may not sign a Stay Order allowing the driver to continue to driving pending the outcome of that hearing. Therefore it is important to consult an attorney concerning your options. Russell L. Powell may be reached at (816) 550-3695 for a free consultation concerning your options. Under some circumstances, it may be to a driver’s advantage to refuse the breath, blood or urine test, however, the driver must consult with an experienced DUI or DWI attorney to discuss these matters. Failure to do so may result in an unnecessary one (1) year suspension of their Missouri Driving Privileges.
As noted above, the administrative hearing is separate from the criminal case. Simply put, they are two separate legal proceedings. However, a suspension under the criminal proceeding may affect the administrative proceeding. Therefore, anyone who refused a breath, blood or urine test should contact an experienced DUI or DWI attorney immediately to discuss these matters in further detail. Russell L. Powell may be reached for a free consultation at (816) 550-3695.
APPEALING THE SUSPENSION
The administrative suspension of one’s Missouri Driving Privilege may be appealed to the Circuit Court of the county in which they were arrested. This is commonly referred to as a “Petition for Review” and it must be filed within fifteen (15) days of the date that the suspension was served to the driver by the Missouri Director of Revenue. Service in Missouri is considered effectuated when mailed by the Missouri Director of Revenue. Upon properly filing the appeal, the driver receives a “trial de novo” or a completely new trial, in front of a different judge. These appeals are generally defended by an attorney from the Missouri Department of Revenue, and the state maintains the burden of showing that the driver was operating a motor vehicle, within the jurisdiction, while under the influence of alcohol.
HARDSHIP LICENSE
Eligibility for a hardship license upon the suspension of your Missouri Driving Privileges vary greatly depending on the facts and circumstances of the individual driver’s case, the individual’s criminal record and the individual’s driving record. Therefore, someone seeking information concerning a hardship license should contact an experienced DWI or DUI attorney to discuss their options. Russell L. Powell may be reached for a free consultation at (816) 550-3695.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.