2ND DWI in Missouri: What You Need to Know
2nd DWI punishment can be a confusing process. This article will give you the information you need to know about the 2nd DWI punishment law in Missouri.
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What Missouri Law Says About a 2ND DWI
Under Missouri law, a Second offense DWI applies to a person in actual physical control of a motor vehicle with:
- Driver’s blood alcohol content or BAC equal to .08% or greater
- In an intoxicated condition
This means that it will have to be proven that you were under the influence of any combination of prescription/illegal drugs or alcohol.
Under Missouri DWI laws, you will be considered to violate DWI laws if you are found driving a private or commercial motor vehicle with a Blood Alcohol Content (BAC) of .08% or greater.
If you are facing DWI charges in Missouri, it is crucial to work with a qualified DWI attorney in Springfield to help reduce the risk of conviction and the severe criminal penalties that could result from such conviction.
Missouri DWI Second Offense
When you are charged with a Missouri second offense DWI for driving above the legal limit, you will have to face harsher penalties, including revocation of your driver’s license and jail time.
Even though getting a first DWI offense is serious, getting a second, third, or fourth DWI offense usually results in significantly more severe penalties. Still, this does not mean that your case is hopeless.
Working with a qualified DWI lawyer in Nixa helps improve your chances of getting your charges reduced or even thrown out altogether, regardless of having multiple DWI convictions.
This does not mean there is no hope. You can raise defenses to your charge to reduce or dismiss the charges against you.
A DWI attorney can provide you with legal advice and answer any questions you might have. Whether this is your first DWI offense or you are an aggravated offender, a DWI lawyer can help with your case.
What Happens After a Second DWI?
If you are convicted of a second DWI offense, you will be deemed guilty of a Class A misdemeanor. Such a conviction usually attracts more penalties compared to a first offense DWI conviction. Some of the penalties you may face:
- A maximum jail sentence of up to a year (you will have to serve a minimum of 10 days in jail before becoming eligible for probation or suspended sentence)
- A possible two-year probationary sentence
- You may be required to take an SR-22 motor vehicle insurance which classifies you as a high-risk driver
- You might be required to register for a substance abuse program or an alcohol or drug treatment program
- Potential fines no greater than $1000
- You may get your license revoked for at least one year and no more than five years
- Continuous field sobriety tests and alcohol monitoring
- Installation of an ignition interlock device that will prevent your vehicle from starting if your BAC is determined to be over the legal limit
Is a 2ND DUI a Felony?
A second DUI charge is generally not deemed a felony, and it is only when a person is convicted of a third offense in Missouri in a ten-year period that they will be deemed to have committed a Class D Felony and be classified as a persistent offender.
If your second DWI offense results in an injury to another person, you may be charged with a felony which can result in harsh penalties.
Punishment for 2ND DWI in Missouri
A person convicted of a second DWI in the state of Missouri within a five-year period is usually guilty of a Class A misdemeanor offense and will be classified as a prior offender.
Some of the penalties and fines that such an offense may incur include:
- Up to one year in jail with a mandatory 48-hour minimum jail sentence. In some instances, the court may waive the jail time requirement and have the defendant complete the recommended days of community service.
- Fines of up to $1000, with an additional maximum of $100 in court costs.
- Probation of between one to two years. However, it is essential to note that this is only available to a person performing community service or serving the minimum jail sentence. The use of controlled substances is often prohibited under probation conditions.
- Attendance and completion of an approved class on drug, alcohol, and substance abuse.
- License revocation of up to one year for those who refuse to take a field sobriety test for a second time can have their licenses revoked for up to one year. Upon reinstatement of your license, you may be required to install an ignition interlock device.
- Prior to applying for a hardship license, you must wait two years if you have been convicted of a second crime in five years.
If you are in danger of being convicted of driving while intoxicated, it is critical to establish an attorney-client relationship with a DWI lawyer as soon as possible. Contact the Ozarks DWI Law Clinic today. We can help you with your administrative hearing as well as your criminal trial.
How Long Will a DWI Stay on Your Record in Missouri?
Drivers found guilty of a first-time DWI in Missouri can usually get it expunged from their record after ten years. Please note that a DUI Expungement is only available once in a lifetime under Missouri law.
Still, it is important to remember that only a first DWI conviction can be expunged, while a second time, third time, fourth offense, and subsequent offenses cannot be expunged.
Moreover, commercial drivers convicted of driving while intoxicated or other alcohol-related offenses cannot get their offenses expunged from state records.
Dual Recordings of a DWI in Missouri
Both the court and the Department of Revenue usually keep records of drunk driving offenses. Therefore, a drunk driver must request that both records be made private, sealed, or restricted to certain parties. It is important to note, however, that the Department of Revenue is not obligated to expunge all information.
Consult a DWI lawyer when seeking an expungement in Missouri to ensure that all your bases are covered.
Missouri Requirements for DWI Expungement
DWI records can only be expunged after 10 years have elapsed since the conviction date. To successfully expunge a DWI record, one needs to:
- Apply for expungement at the court where the case was heard.
- Not have any other intoxication or alcohol-related convictions or offenses in the intervening 10-year period.
- Not have been granted another expungement
- Name the state Director of Revenue as a party in the request for expungement.
Lawyer to Help Fight 2nd DWI Charges in Missouri
Working with an experienced and skilled DUI lawyer is critical if you are facing a DWI offense.
DWI and DUI offenses tend to have harsh penalties such as lengthy jail sentences, requirements for an ignition interlock, license suspension, and a mandatory minimum jail sentence. Moreover, expungement can be challenging to get for DUI offenses.
Contact the Ozarks DWI Law Clinic for a free consultation today with qualified DWI attorneys. Call us today!