Missouri DWI Laws What is the most common acronym for drunk driving in your state? DWI or BWI
First Missouri DWI conviction
" First conviction for DWI or excessive blood alcohol content 8 points
" A commercial motor vehicle operator testing .04% or more receives 2 points plus is disqualified from driving a CMV for 1 year.
" A first time conviction results in a 30 driving suspension generally followed by a 60 day restricted privilege.
Multiple Missouri DWI convictions
" Second conviction for DWI or excessive blood alcohol content 12 points
" Second conviction regardless of length between them results in a one year revocation of driving privileges
" Second conviction within 5 years receives a 5 year license denial
" Three convictions or more results in a ten year license denial, and restoration of driving privileges can only be granted by court order after the 10 year denial
How to get your license restored
" Pay a $45 reinstatement fee
" File & maintain proof of insurance for two years from the date of suspension or revocation
" Complete a SATOP (Substance Abuse Traffic Offender Program) and have proof filed with DOR.
" If the revocation was 1 year or more, you must also retake the driver exam and pay the new license fee
How the Missouri DWI process works
" Once the officer makes an arrest for DWI, and the driver tests .08% or above, the officer issues a summons (ticket), asks the drivers a series of questions listed on the Alcohol Influence Report (AIR), issues a notice of suspension or revocation and a temporary driving permit
" The officer then sends this information to DOR
" The Driver has 15 days, from the date of arrest, to request an administrative hearing
" If the driver does not request a hearing then the license suspension above is imposed 15 days after the date of arrest
" If the driver requests a hearing, but the action is upheld, the suspension is imposed 15 days after the final order of the hearing officer is mailed from DOR to the driver.
" The driver can appeal an adverse administrative action through the court system.
ABUSE AND LOSE; RSMo 577.500
Generally, Missouri law provides that the license of a driver under the age of 21 may be suspended upon the finding of guilt for any of the following reasons:
" Any alcohol related traffic offense
" Possession or use of alcohol while operating a motor vehicle
" Possession or use of a controlled substance
" Altering, modifying, or misrepresenting a drivers license
" Or, the second offense for possession or use of alcohol by someone under 18 years old
The first suspension is for 90 days; the second is for one year.
Penalties for Missouri DWI Criminal Case (1st, 2d, 3rd, etc.):
Here are the criminal penalties for a DWI conviction in Missouri. Remember, there are administrative actions against your driver's license as well.
FIRST CONVICTION - Class B Misdemeanor, RSMo 577.010
" Punishable by up to 6 months confinement
" Fines up to $500.00
" Court costs
" Reimbursement for cost of processing
" A suspended imposition of sentence (SIS) is not available unless it includes 2 years of probation
" Administrative license suspension of 30 days followed by 60 day restricted privileges
SECOND CONVICTION WITHIN 5 YEARS - Class A Misdemeanor, RSMo 577.023
" Listed as Prior Offender for Judicial purposes
" Punishable by up to 1 year in jail; must serve 48 hours
" Fines up to $1,000.00
" Court costs
" Reimbursement for cost of processing
" Ignition interlock device must be placed on vehicle
" Administrative license revocation of 5 years, 2 of which must be served before a hardship license can be granted
THIRD OR MORE CONVICTION WITHIN 10 YEARS - Class D Felony, RSMo 577.023
" Listed as Persistent Offender for Judicial purposes
" Punishable by up to 5 years in prison
" Suspended execution of sentence (SES) is forbidden by statute
" Fines up to $5,000.00
" Court costs
" Reimbursement for cost of processing
" Ignition interlock device must be placed on vehicle
" Administrative license revocation of 10 years, regardless of the date of the prior convictions,but:
o If the 3rd DWI is a felony no hardship license is available;
o If the 3rd DWI is NOT a felony a hardship license may be applied for after 3 years
Call Missouri DWI Attorney Christopher Angles at 1-800-342-5394 or:
