Missouri practices a zero tolerance policy for DWI convictions, primarily because of the number of fatalities related to alcohol related incidents since 1982. A BAC or excessive blood alcohol content conviction is at a statutory .08% upon subjecting to a chemical test to check for BAC. The State of Missouri works off a traffic system for DWI convictions wherein a DWI conviction merits 8 traffic points, a DUID or driving under drug influence is 8 points both secondary convictions are at 12 points while .04 BAC level arrests are at 2 points.
What Happens To First Time DUI Offenders in Missouri?
First time DWI offenders may be treated with criminal charges but are substantial to circumstance, with administrative charges filed initially upon arrest, as the state only inflicts a 30 day license suspension upon initial conviction. Depending on the discretion of the Judge, an offender may receive an additional 60 days for restrictive driving, and full reinstatement will be set after 90 days following completion of reinstatement requirements. If you are arrested for suspicion of a DWI and test .04% BAC, you will be disqualified from driving a commercial vehicle for one year and 2 traffic points will be assessed to your license.
First time offenders can have their driving privilege suspension revoked once they have settled all requirements and have filed for a lifting from the Department of Revenue. Each revocation is assessed for points as a result of being convicted of an alcohol related case and must complete the requirements to become eligible for reinstatement. Initially the offender must pay a $45 fee, file and support proof of financial responsibility for the last two years prior to the conviction and provide a completed certificate from a court appointed Substance Abuse Traffic Offender Program.
The state of Missouri has a Division of Alcohol and Drug Abuse which sends the requirement directly to the Department of Revenue upon an offender’s completion of the alcohol education program. All license application fees apply and previously convicted with revoked licenses of a year must retake a driver’s test as part of the qualifying requirements. Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.
Once an offender is charged with a DWI, they have 15 days to request for an administrative hearing. Once convicted, a driver’s license is revoked, based on a previous five year arrest record related to a DWI charge. At any point of the arrest, the state laws of Missouri imply the requirement to submit to all chemical testing requested by law enforcement. There is an automatic revocation of the driver’s license for one year if the defendant refuses a chemical test at any point of the prosecution.
DWI laws are a bit stern for minors who are suspected of impaired driving. Once a first time offender is arrested and found to have a BAC of .08% or higher, they are eligible for both administrative and criminal charges. The administrative sanctions for a DWI have a higher BAC requirement for minors, with a required .20% BAC or more. Depending on court order, any minor may be subject to license suspension or revocation for any alcohol related traffic offense, possession or use of alcohol while operating a motor vehicle.
Get DUI Help: Repeat Offenses for Missouri DUI Arrests
Since the State practices a looking window policy, previous arrests and conviction of DUI related charges from your parent or neighboring states are taken into consideration when measuring the degree and kind of DUI charge filed on your account Repeat offenders, be subject to heavier criminal and administrative penalties and are discretionary to the judgment of the court and may not be clearly stated in this document because each case is affected by a different circumstance and degree of DUI arrest. As more mitigating circumstances and repeat offenses are presented, the sentencing becomes more unhindered.
The chastisement for a repeat DUI lawbreaker with associated property damage or accidents that lead to bodily harm and worse, death will be subject to the maximum form of prosecution, where the court is likely to sentence defendants under criminal charges. Suspects are charged with Felony DUI which has a broader sentencing definition.
Hire an experienced Missouri DUI Attorney today!
The most important aspect of your defense is hiring a law firm that has a deep understanding of the Missouri DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact Missouri DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.