Everything You Need to Know About Missouri DWI Laws
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The Basics of Missouri DWI Statutes
Driving while intoxicated has contributed to the growing number of car accidents in recent decades, consequently leading to the loss of many lives and other life-changing consequences.
Due to this, numerous DWI laws have been enacted in Missouri, primarily aiming to eliminate or reduce car accidents. The DWI laws are also meant to protect every road user and motorist’s rights.
The Missouri DWI Statute
Driving under the influence in Missouri is defined as driving while intoxicated or driving with excessive blood alcohol content (BAC) by the statutes of Missouri.
The Revised Statutes of Missouri describe an intoxicated or drugged condition as being under the influence of alcohol, drugs, or any other controlled substance that leads to impaired judgment.
Also, when a person is charged with operating a motor vehicle with an excessive blood content, the motorist would have had a BAC higher than 0.08.
There is no difference between the DWI statutes for alcohol and drug impairment in Missouri. Therefore, the DWI statute also incorporates operating a motor vehicle under the influence of drugs.
Missouri DUI Checkpoint Laws
Missouri has authorized law enforcement officials to put up DUI checkpoints on roads. These checkpoints usually are set up on busy roads. The assigned officers will stop any motor vehicle that comes by or use other systematized methods to stop cars randomly.
This system asks motorists to submit a blood or breath test if the officers suspect the driver is impaired. Under the implied consent law, failing to comply with this may lead to a driver being charged with a Missouri DWI charge or losing their driver’s license.
If you are charged with any alcohol-related traffic offense, seeking legal advice from a DWI lawyer for assistance is essential. A qualified DWI lawyer can help you understand your legal rights and explain the charges against you. They will also work with you to help lessen any punishment that may arise from the DWI charge.
Your Rights at a DUI Checkpoint
If you happen to get arrested at a DUI checkpoint, you must show your driver’s license, registration, and other documentation as requested by the officials.
However, you have a right to remain silent if asked any questions. As much as you must be courteous and calm, it’s advisable to give little or no information to the police officers.
It’s also your right as a motorist to politely decline from doing the sobriety tests as requested by a law enforcement officer.
But it’s crucial to note that failure to submit a breathalyzer test may cause you to face possible Missouri DWI penalties such as driver’s license suspension or revocation. This is exceptional if you have a DWI attorney that can later prove that the officers had no cause to suspect you were intoxicated or in a drugged condition.
Ultimately, the arresting officer is not obliged to search your vehicle without your consent at a DUI checkpoint, regardless of whether they suspect you could have evidence of a crime in your car.
DWI Laws in Missouri
Missouri DWI statutes prohibit all motorists from operating or being in actual physical control of a motor vehicle with a blood alcohol concentration (BAC) level that is over the legal limit or while in an intoxicated condition.
List of DWI Laws in Missouri
The Missouri laws of drunk driving include:
- Blood alcohol level limits.
- Suspension or revocation of driver’s license.
- Implied consent to alcohol and drug testing.
Blood Alcohol Concentration Limits
A driver can face a DWI conviction if their BAC reaches 0.08. Missouri law allows an enhanced penalty for motorists with a BAC of 0.15 or more. Any minor or young adult without the legal drinking age is subjected to a BAC level of 0.02.
Administrative Penalties and License Suspensions
The Missouri Department of Revenue may suspend/revoke your license if you break the Missouri DWI law.
One is subject to a license suspension of ninety days for a first-offense DWI. For the second DWI offense, one is subject to receive a one-year driver’s license suspension, and for the third offense DWI, a driver can face even more years of license suspension.
Drivers of a commercial motor vehicle convicted of a DWI offense are also subjected to receive two points on their Missouri driving record and get their license suspended for a year.
New Missouri DWI Legislation
Several changes have been made to the law regarding alcohol-related driving offense convictions in recent years. Your criminal penalties depend on several factors, but a significant element to consider is whether you have had any prior DWI convictions in your records.
The Missouri DWI Statutes Changes
For a Class B misdemeanor offense, one can face a jail time of up to six months—license suspension for thirty days, and fines of up to $1,000 or other penalties.
For a Class A misdemeanor, the jail time is one year with fines of up to $2,000, a license suspension of up to one year, or further penalties. However, if a person is injured while driving under the influence, they will likely be charged with a Class E felony.
What Is the Penalty for DWI in Missouri?
Being convicted of a DUI has severe repercussions that can affect your life in several ways. An experienced DWI attorney is vital as they can apply their extensive skills and experience to minimize the penalties to the fullest extent.
First DWI Offense
The Missouri first offense DWI is a Class B misdemeanor. A person with a 0.15-0.2 blood alcohol content can face a minimum jail time of about 48 hours.
The maximum jail time for a first offense is usually six months, with a fine of $500. Those given alcohol and driving-related convictions are subjected to more time in jail, and for prior DWI convictions, the minimum jail time is ten days.
Second DWI Offense
For a second Missouri DWI offense, one is likely to face jail time of up to one year, a fine of $2,000, and a year of license suspension or revocation. Additionally, one can get five years of revocation if the prior offense was within five years of the current violation. The minimum time for an ignition interlock requirement is six months.
Third DWI Offense
For a third-time offense, one will likely face a jail time of up to four years, a fine of $10,000, and a license suspension or revocation for ten years. The minimum time for getting an ignition interlock device requirement is six months.
Fourth DWI Offense
A fourth-time DUI offense is a Class C felony. The “aggravated offender” can get seven or one year in county jail. The offender must also pay a minimum fine of $5,000 plus court fees. The license suspension or revocation is ten years.
What is the Legal Limit for an Underage Driver in Missouri?
When it comes to minors being charged with DWI offenses, the law considers the driver’s age and blood alcohol concentration.
For those under 21 years, a BAC of 0.02 is considered intoxicated, while for drivers over 21 years, a BAC of 0.08 is enough to get a minor in Missouri arrested for DWI.
If you are under 21 years, the first offense of Missouri’s “zero tolerance” law will result in a 30-day suspension of driving privileges. A second offense will revoke driving privileges for 90 days, and third and subsequent offenses will result in restricted driving privileges for one year.
A person under 21 with a BAC of 0.08% or higher will face the same penalties as someone above 21 with a BAC of 0.08% or higher.
Can You Get Out of a DWI in Missouri?
When faced with a DWI charge, the best way to fight against it is by hiring an experienced DWI attorney. They will provide thorough legal advice and guide you through the process. Some of the ways a person can get out of a DWI charge are as follows:
Withdrawing from the chemical test. The police officer cannot force you to take a chemical test. If the motorist can prove that they were forced into taking this test or that the test was not a breathalyzer, they can withdraw from it.
Showing that your driving was not impaired in any way. If the motorist could come up with proof of alternative transportation methods or that they had not been drinking, it would help get the charges dismissed.
Being found guilty of a different charge. Because Missouri has various degrees of DWI offenses, it may turn out that the motorist was guilty of a different offense, not a DWI.
An Experienced DWI Attorney is Key
Missouri DWI cases can be complicated and require extensive knowledge of the current state laws. Furthermore, your Missouri driver record will be affected for a long time if you are convicted of a DWI. An experienced Missouri DWI attorney can help you protect your rights and possibly even overturn the charges against you.
Working with an experienced DWI attorney can be the difference between a long-term suspension of your license and getting it back quickly. A Missouri DWI attorney understands the complexities of the state’s legal system and can provide sound legal advice.
If you have been charged with a DWI in Missouri, the best thing you can do is consult an experienced DWI attorney. They will work with you to carefully review your case and develop a defense strategy to give you the best chance of success. With their help, you can reduce the impact of a DWI charge and get back on the road as quickly as possible.
The Role of a DWI Attorney in Missouri
A DWI attorney’s job in Missouri is critical as DWI charges can lead to severe penalties, including fines, loss of driving privileges, and even imprisonment. Here are some of the essential roles and responsibilities of a DWI attorney:
Case Assessment: A DWI attorney begins by assessing the case’s specifics. They gather all relevant details, review the arrest process, and analyze the evidence. This helps them understand the strengths and weaknesses of the case and devise a strategic approach to the defense.
Pleading and Negotiating: A DWI attorney will plead and negotiate on your behalf so that you can possibly get a lesser sentence or even get the charges dropped. They can work with the prosecutor and seek a plea bargain or attempt to reduce your penalties in exchange for a guilty plea.
Courtroom Representation: A DWI attorney will represent you in court and ensure your rights are upheld. They can challenge evidence, cross-examine witnesses, and convincingly present your case.
No matter what kind of DWI charge you face in Missouri, an experienced DWI attorney can help you understand the laws and your options. They will work with you to develop a defense strategy that gives you the best chance of success in court.
Don’t face a DWI charge alone – seek legal help immediately. Hiring a DWI attorney is the best way to protect your rights and get back on the road.
Contact an Experienced Missouri DWI Attorney Today
Whether you are facing a first-time DWI offense or have multiple prior convictions, the experienced DWI attorneys at OZARKS DWI LAW CLINIC can help. Our team of dedicated lawyers is experienced with Missouri DWI laws and can help you fight your charge. We understand the severe nature of a DWI conviction and will do everything possible to help get the best outcome for you.
Don’t go through this process alone—contact our team of experienced Missouri DWI attorneys today and let us fight for your rights. We’re here to protect you and won’t let you face these charges alone. Contact us today for a free consultation and case review.
We look forward to helping you fight for justice.