MISSOURI DWI PENALTIES

Missouri DWI Penalties and Missouri DWI Suspensions

Call Boone County Columbia Missouri DWI Attorney Milt Harper at 1-800-DIAL-DWI (ext. 573)

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 Milt Harper at 1-800-DIAL-DWI (ext. 573) or:

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