Missouri drunk driving cases are commonly referred to as DWI when alcohol related, or driving under the influence where drugs are involved. Missouri DWI cases involve a "Per Se" law, meaning that it is illegal to drive with an alcohol level of .08 or greater. If a breath or blood test is given within 3 hours of driving, and the results are 0.08% or greater, there will also be a charge of violating the "Per Se" law, no matter whether the arrestee was driving well or not. If you have been arrested for a DWI, our experienced attorneys are available for a FREE consultation.

If someone is arrested for drunk driving, refusal to take a chemical test can be used against them in court, and also result in harsher penalties in court and with their driving privilege.

The washout period for prior DWI convictions is 5 years.

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 State's prohibited level (.08%, age 21 or over; .02%, 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

DWI FIRST OFFENSE

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, do not break the law, go to SATOP, etc. Probation usually lasts 1 to 2 years. A conviction 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. This suspension goes on the person's driving record. 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.

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DWI SECOND OFFENSE

Conviction of a second DWI 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 doing 10 hours of community service. The terms of probation are standard: no breaking the law, no drinking, 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 often be for a one or 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 suspension goes on the person's driving record. Twelve points are 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.

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DWI THIRD OR SUBSEQUENT OFFENSE

Conviction of three or more DWIs within 10 years results may mean that the driver is deemed to be a "Persistent Offender" and guilty of a Class D Felony. There will also be a 10 year denial of driving privileges.

• JAIL: Up to five (5) 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. The court may suspend execution of sentence after 10 days in jail or 60 days of community service. The defendant is then placed on a probation.
• REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI, the defendant's driver's license is revoked for 10 years regardless of how old the two prior convictions are. These suspensions go on the person's driving record. If convicted of a felony DWI, no hardship license is available. If the DWI is a third, but not a felony, a hardship license may be applied for after 3 years. 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.

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Implied Consent

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 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.

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.

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Driver's License Consequences

A DWI arrest in Missouri triggers two separate cases: the 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 DWI, 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 for five years.
• 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.

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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.

Hardship License

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.