A Missouri DWI is known as driving while intoxicated. This state has a "per se" law. This means that it is illegal
to drive with a blood alcohol content of .08% or higher. If you are arrested and refuse to take a chemical test,
this can be used against you in court.
It is important to note that you only have 15 days after your arrest to requesting a hearing with
the Department of Revenue.
If not, you will automatically lose your license for 30 days, followed by a
60-day restricted driving penalty.
Missouri DWI - The Basics
The foundation of Missouri DWI law is the BAC or breath alcohol concentration. If you're operating a motor vehicle while
having a BAC of .08% or higher, you're considered to be driving while intoxicated - DWI.
However, test results for BAC are not always reliable. Many factors can affect the outcome of a test. Just because
the test says your BAC or breath alcohol content (or concentration) is over .08%, it may not mean it really is.
This is one of many reasons why it is extremely important to have a Missouri DWI Lawyer on your side. They're able to
analyze all evidence to determine
if it is factual and obtained legitimately - or not.
The legal limit for minors is far below .08%.
Missouri Has a Zero Tolerance Law
Zero tolerance refers to the fact
that if a driver is under the age
of 21 has any alcohol in
their system, they will be charged with a DWI.
Missouri DWI Penalties
It is important to note that Missouri has a 5 year look back period. What this means is that any offense that occurs within
5 years of a prior DWI offense is considered when the judge decides your DWI penalty.
Here are the guidelines for Missouri DWI penalties
For first time offenders, you face up to 6 months in jail. You will also have to pay fines up to $500, and your
license will be suspended for at least 30 days. Additionally, you could be placed on probation for up to 2 years.
A second DWI conviction means up to one year in jail. It also can mean fines up to $1,000, probation, and 5 years revocation
of your driver's license.
If this is your third DWI offense, you could spend up to 4 years behind bars. Your license can also be revoked for 10 years; you could be required to pay fines up to $5000. You'll most likely
have to do community service and probation. Note that this third
conviction is considered a felony on your record.
Penalties for a fourth DWI conviction in Missouri are similar to the penalties for a third offense, however the offender
may serve up to 7 years in prison.
With a fifth DWI conviction, penalties include the same as the fourth DWI conviction, except the offender may serve up
to fifteen (15) years in prison. Additionally, the convict must serve two (2) years in prison before being eligible for
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Go to the website of your particular state to verify the drunk driving laws, penalties and fines. Changes occur in state DUI
laws and this site is meant to provide general information only. Please read our disclaimer.
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