About DUI & DWI Law in Missouri, United States
Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses under Missouri law. These terms refer to operating a motor vehicle while impaired by alcohol, drugs, or a combination of substances. Missouri treats both DUI and DWI as criminal offenses, and individuals convicted can face severe penalties, including fines, license suspension, jail time, and long-term consequences on their criminal record. Understanding the basics of Missouri's DUI and DWI laws is important for anyone facing, or wanting to avoid, these charges.
Why You May Need a Lawyer
Facing a DUI or DWI charge in Missouri can be daunting. Legal counsel is often essential in the following situations:
- You have been arrested and charged with DUI or DWI
- Your driver's license is at risk of suspension or revocation
- You have prior DUI or DWI convictions, which can result in enhanced penalties
- An accident involving injury or death occurred during your alleged offense
- You refused a breathalyzer or blood test
- You are concerned about your criminal record and the impact on employment or other opportunities
A lawyer can review your case, examine potential defenses, represent you in court, and negotiate with prosecutors to reduce potential penalties. Legal professionals familiar with Missouri DUI and DWI laws are equipped to ensure your rights are protected throughout the process.
Local Laws Overview
Missouri's DUI and DWI laws are enforced under a "per se" standard as well as impairment-based standards. Important points include:
- The legal blood alcohol concentration (BAC) limit is 0.08 percent for drivers 21 and older. For commercial drivers, the limit is 0.04 percent. Drivers under 21 follow a "zero tolerance" rule with a limit of 0.02 percent.
- Refusal to submit to a chemical test (breath, blood, or urine) results in automatic license revocation, separate from any criminal case.
- First-time offenders usually face up to six months in jail, fines up to 1,000 dollars, and a 90-day license suspension.
- Repeat offenses bring increasingly severe penalties, including longer jail sentences, higher fines, mandatory ignition interlock device installation, and possible felony charges.
- Missouri law provides for administrative and criminal proceedings. You can lose your license even if not convicted in criminal court.
- DWI also encompasses impairment by drugs, not just alcohol.
- Aggravating factors, like causing injury or death, lead to elevated charges and penalties, such as felony DWI or involuntary manslaughter.
Frequently Asked Questions
What is the difference between DUI and DWI in Missouri?
In Missouri, DWI (driving while intoxicated) is the term most commonly used legally, though DUI is often used interchangeably. Both refer to operating a vehicle while impaired by alcohol or drugs.
What happens if I refuse a breathalyzer or chemical test?
Refusing a test results in an automatic one-year revocation of your driver's license, known as "implied consent" revocation, regardless of whether you are convicted in criminal court.
Can I get a DUI or DWI for prescription or over-the-counter drugs?
Yes. Missouri law prohibits driving while under the influence of any drug, legal or illegal, that impairs your ability to operate a vehicle safely.
What penalties do first-time offenders face?
A first-time DWI conviction can result in up to six months in jail, a 1,000 dollar fine, license suspension, mandatory substance abuse education, and increased insurance costs.
Will I lose my driver's license after a DUI or DWI arrest?
Your license can be suspended or revoked through both administrative (Department of Revenue) and criminal court actions. Suspension periods vary based on offense history and whether you submitted to testing.
Is it possible to have DUI or DWI charges reduced or dismissed?
Yes. An attorney may be able to challenge evidence, negotiate plea deals, or identify procedural errors that lead to reduced or dismissed charges, depending on your case's specifics.
How long does a DWI conviction stay on my record?
A DWI conviction will generally remain on your criminal record permanently, but some offenders may be eligible for expungement after ten years, under certain conditions.
Do I need a lawyer if I plan to plead guilty?
It is strongly recommended to consult a lawyer, even if you plan to plead guilty. A lawyer can advise you on consequences, potential defenses, and possible alternatives or reductions in penalties.
What is an ignition interlock device, and when is it required?
An ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if it detects alcohol. Missouri may require installation for repeat offenders or under specific court orders.
What should I do immediately after being charged with DUI or DWI in Missouri?
Contact a qualified DUI or DWI attorney as soon as possible. You may have limited time to request a hearing to contest your license suspension. Gathering evidence and building a defense early is critical.
Additional Resources
If you or someone you know is seeking further information, consider these resources:
- Missouri Department of Revenue - Provides information about license suspensions, revocations, and reinstatement processes related to DWI.
- Missouri State Highway Patrol - Offers statistics, enforcement details, and educational materials on impaired driving.
- Missouri Bar Association - Can help you find qualified DUI or DWI attorneys and understand your rights.
- Alcoholics Anonymous and substance abuse treatment organizations - Provide support programs for those struggling with alcohol dependency.
Next Steps
If you are facing a DUI or DWI charge in Missouri, act promptly to protect your rights and your future:
- Document all relevant details of your arrest or stop, including dates, officers' names, and any tests administered.
- Do not make statements to law enforcement or prosecutors without first consulting an attorney.
- Seek legal assistance from a qualified Missouri DUI or DWI lawyer as soon as possible. Many offer free initial consultations.
- Review any paperwork or court documents carefully and meet all deadlines, especially regarding license hearings.
- Follow your lawyer's advice and prepare thoroughly for court appearances or administrative hearings.
DUI and DWI cases in Missouri are complex, but with the right legal help, you can better navigate the process and protect your interests.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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