As experienced Missouri DUI/DWI attorneys, we at James Law Group often receive questions about drunk driving laws and penalties. Understanding the consequences of Missouri DUI/DWI laws is crucial, as they can vary significantly based on whether it’s a first offense or a repeat offense.

FIRST, SECOND AND THIRD OFFENSE

For a first-time offense, individuals may face up to six months in jail, fines up to $1,000, and a 90-day license suspension.

A second offense in breaking Missouri DUI/DWI laws is treated more severely, with potential penalties including up to one year in jail, fines reaching $2,000, and a mandatory one-year license revocation.

The stakes are even higher for a third offense, which is classified as a Class E felony, carrying penalties of up to four years in prison, fines up to $10,000, and a ten-year denial of driving privileges. Additionally, having a Blood Alcohol Content (BAC) of 0.15% or higher can lead to enhanced penalties, emphasizing the importance of understanding Missouri DUI/DWI laws.

In Missouri, the legal BAC limit is 0.08% for drivers aged 21 and over, while commercial drivers face a lower limit of 0.04%. For drivers under the age of 21, Missouri enforces a “zero tolerance” law, meaning any detectable BAC over 0.02% can result in a DUI charge.

It’s important to note that even if your BAC is below the legal limit, you can still be charged with a DUI if you exhibit signs of impairment. It is critical to know the Missouri DUI/DWI laws,

Missouri DUI/DWI RECORD

A DUI/DWI conviction typically remains on your record for at least ten years, but after this period, you may be eligible for expungement under certain conditions.

If you find yourself pulled over for suspicion of DUI/DWI, it’s essential to remain calm and respectful. Always provide your license and registration, and remember that you have the right to refuse field sobriety tests. However, refusing chemical tests can result in an automatic one-year license suspension, so it’s crucial to weigh your options carefully. Know your Missouri DUI/DWI laws and be prepared. 

At James Law Group, our experienced attorneys are here to help you navigate the complexities of Missouri DUI/DWI laws. We can challenge the legality of the traffic stop, question the accuracy of BAC tests, negotiate for reduced charges or penalties, and represent you in license suspension hearings.

If necessary, we will provide aggressive courtroom defense to protect your rights. Don’t face DUI/DWI charges alone; contact James Law Group today for a consultation and let us fight for your rights.

THE MISSOURI DUI/DWI LAWS FAQ

• What are the penalties for a DUI/DWI conviction in Missouri?

• The penalties for a DUI/DWI in Missouri can be severe and vary depending on whether it’s a first-time offense or a repeat offense. For a first offense, penalties may include up to 6 months in jail, a fine, and a lengthy license suspension. Repeat offenses carry harsher penalties, such as longer jail time, higher fines, longer license suspensions, and mandatory alcohol education or treatment programs. Additionally, having a BAC (Blood Alcohol Content) over 0.15% or 0.20% can lead to even more severe penalties. For a third DWI in a lifetime, and all subsequent DWIs, they are felonies and can result in lengthy prison sentences. 

• Can a DUI/DWI charge be reduced or dismissed in Missouri?

• Yes, a DUI/DWI charge can sometimes be reduced or dismissed, depending on the circumstances of the case. Factors such as the legality of the traffic stop, the accuracy of the breathalyzer or blood test, and whether proper procedures were followed can all impact the outcome. As experienced DUI/DWI attorneys we can review your case for potential defenses and negotiate with prosecutors to reduce charges or have them dismissed.

• What is the legal BAC limit in Missouri?

• In Missouri, the legal BAC limit is 0.08% for drivers aged 21 and over. For commercial drivers, the limit is lower, at 0.04%. Drivers under the age of 21 are subject to a “zero tolerance” law, meaning any detectable BAC over 0.02% can result in a DUI charge. It’s important to note that the “limit” allows a presumption of intoxication. That means that even if your BAC is below the legal limit, you can still be charged with a DUI if you’re deemed to be impaired. Similarly, if you are over the “legal limit,” it is still possible to be found not guilty by a jury. 

• How long will a DUI/DWI stay on my record in Missouri?

• A DUI/DWI conviction in Missouri typically remains on your record for at least 10 years. After this period, you may be eligible to have the conviction expunged, meaning it can be removed from your record completely. However, expungement is only available under certain conditions, and not all convictions qualify. Consulting with an attorney can help you understand your options.It is important to note that “SIS” probation in Missouri has many advantages, but it does NOT cause the DWI to be removed from your criminal record. 

• What should I do if I’m pulled over for suspicion of DUI/DWI in Missouri?

• If you’re pulled over for suspicion of DUI/DWI, it’s important to remain calm and respectful. Every situation is substantially different and there is no “one size fits all” advice that is correct in all circumstances. Missouri law requires you to submit to two of the following: a breath test, a blood test, or a urine test. The officer gets to choose the kind of tests, not the driver. You can refuse; however, refusing results in a year long license suspension and the fact that you refused the test can be used against you at trial as proof that you refused the test because you were intoxicated. Beware that at the police station, officers will ask numerous standard questions. One of them asks if you are “under the influence of alcohol.” That is the exact wording of what makes you guilty of a DWI in Missouri. Although it is disguised as a question about the consumption of any alcohol, it is essentially asking if you are too drunk to drive. 

• Will I lose my license immediately after a DUI/DWI arrest in Missouri?

• After a DUI/DWI arrest in Missouri, you will typically receive a 15-day temporary driving permit, after which your license will be suspended if you do not challenge the suspension. You may be eligible for a Restricted Driving Privilege (RDP), which allows limited driving under certain conditions, after 30 days or more of being unable to drive legally. It’s important to act quickly to request a hearing to contest the suspension. 

• Can I refuse a breathalyzer or blood test in Missouri?

• Yes, you can refuse to take a breathalyzer or blood test in Missouri, but doing so comes with consequences. Under Missouri’s Implied Consent Law, refusal results in an automatic one-year license suspension, and your refusal can be used against you in court. However, depending on the circumstances, your attorney might challenge the suspension or the results of any subsequent tests. Additionally, some counties, in some cases, will potentially allow you to avoid a refusal suspension as part of a guilty plea. Unfortunately, there is very little way for anyone to tell you if you can obtain such an agreement or if such an agreement would be advisable for you in your case at the time you need to make a decision about whether to take the test or not. 

• What are the consequences of a second DUI/DWI offense in Missouri?

• A second DUI/DWI offense in Missouri is considered a class A misdemeanor and carries harsher penalties than a first offense. You may face up to one year in jail, fines up to $2,000, a mandatory one-year license revocation, and possible installation of an ignition interlock device. Perhaps more important than the difference in maximum punishments, prosecutor’s will almost uniformly attempt to give much harsher punishments for second time offenders than they do for first time offenders. 

• How can an attorney help with my DUI/DWI case?

• An experienced DUI/DWI attorney can help in many ways, including challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or blood test, negotiating with prosecutors for reduced charges or penalties, or trying a case to a jury if you are wrongly accused or if the State is otherwise being unfair. Your attorney can also represent you regarding any attempt to suspend your license, helping to protect your rights and achieve the best possible outcome.

Learn more about Missouri DUI/DWI laws, our attorney’s and how they can advocate for you. Contact James Law Group today.

This post is meant to be a guide, not legal advice. please contact us if you need legal advice on Missouri DUI/DWI laws. our team is happy to help.