DWI/DUI Law

More Information About DUI/DWI Law

  • Driving while intoxicated (DWI) and driving under the influence (DUI) are often used interchangeably throughout the Missouri court system.
    • In Missouri, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, Missouri has a “zero tolerance” policy for drivers under the age of 21, meaning that any measurable amount of alcohol in their system 0.02% or higher while driving can result in a driving while intoxicated (DWI) charge.
    • First-time offenders may face fines, license suspension, and potential jail time. Subsequent offenses can result in more severe penalties, including longer license suspension periods or license revocation, mandatory installation of ignition interlock devices, maintaining SR-22 insurance, increased fines, and jail time.
    • Missouri also has an “implied consent” law, which means that drivers agree to submit to a chemical test (usually a breathalyzer or blood test) if a law enforcement officer suspects them of driving while intoxicated (DWI). Refusal to take the test can result in an automatic license revocation for a period of one year.
    • In Missouri, if you are arrested for driving while intoxicated (DWI), your license may be suspended in two separate ways: administratively and criminally.
      • Administrative License Suspension:
        • BAC Result – After a DWI arrest, the arresting officer will seize your license and issue a 15-day driving permit. This permit allows you to drive for the next 15 days while your case is being processed.
          • During this time, you have the option to request an administrative hearing to challenge the suspension of your license. If you do not request a hearing or if you lose the hearing, your license will be suspended for 90 days for a first-time offense, and longer for subsequent offenses.
        • Refusal – If you refuse to submit to a chemical test, your license will be seized, and you will be issued a 15-day driving permit.
          • You will have 30 days to file a petition to review the revocation of your license. Failure to file a petition or if you lose the hearing, your license will be revoked for one year.
        • Criminal License Suspension:
          • If you are convicted of driving while intoxicated (DWI) in criminal court, your license will be suspended as part of your criminal sentence. The length of the suspension will depend on several factors, including whether you have prior DWI convictions, and any aggravating circumstances.
          • For a first-time DWI conviction, your license will be suspended for at least 30 days. Subsequent driving while intoxicated (DWI) convictions can carry longer license suspension periods or complete revocation.
  • If you are facing a DWI charge in Missouri, it’s essential to speak with an experienced DWI attorney who can help you navigate the complexities of the legal system and work to minimize the impact on your driving privileges.

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