What happens when you get a DUI in Missouri?

The cost of a DWI can go far beyond the initial fees associated with these charges. Drivers may also face jail time, higher insurance rates, and fees for devices or special programs.

When you know what to expect in relation to these charges, you can make more informed decisions regarding your own legal matters. If you’re facing DWI charges, here’s what you should be aware of.

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DWI Laws

Missouri has some strict laws pertaining to driving while intoxicated. The state uses a combination of penalty points, jail time, fines, community service, and license revocation or suspension to deter people from driving while under the influence.

– Blood Alcohol Levels

There are also different intoxication levels defined for adolescents, adults, and commercial drivers. The blood alcohol concentration levels are defined as:

• 0.08 percent for drivers over the age of 21
• 0.02 percent (zero tolerance) for drivers under the age of 21
• 0.04 percent for commercial drivers

– Open Container Laws

Missouri does not have any strict open container laws in place regarding passengers in the car. As long as the driver is not impaired, passengers can be drinking from an open container of alcohol.

– Breathalzyer Tests

This is an implied consent state. This means that you are required to submit to a blood, breath, or urine test if you’re arrested for a DWI. The officer is expected to show that there was probable cause to place you under arrest, and the test should be taken as soon as possible.

Refusing to submit to the test will be used against you in court as evidence of your impaired state. It leads to an automatic one-year suspension of your license for your first offense. If you’re convicted a second or third time, then you’ll have to install an ignition interlock device in addition to losing your license for a year.

The arresting officer will be able to decide which test you’ll take, but you can have additional tests administered by a medical professional of your own choosing.

By law, you may be allowed up to 20 minutes to speak with your attorney before being expected to take the test. Failure to submit after that time will lead to the loss of your license and other consequences.

DWI Penalties

The state employs a range of penalties to address DWI crimes. The penalties are progressive and will grow in severity with each conviction.

The first conviction has the lightest consequences, including up to a 90-day license suspension, jail time of up to six months, and fines up to $500. Commercial drivers are held to higher standards, and they can expect to:

• Have a 90-day license suspension
• Have two points assessed to your license
• Lose your commercial driving privileges for one year

– Multiple Convictions

Convictions for DWI in Missouri will remain on your record indefinitely. If you’re convicted of DWI a second time, regardless of how much time has passed, then you can expect a one-year license revocation due to the accumulation of points.

Additionally, repeat offenders will also face higher levels when it comes to fines and potential jail time. The second DWI offense carries the following penalties:

• Jail time of up to one year
• Fines of up to $1,000
• License suspension
• Ignition interlock device might be required

The penalties increase again for a third offense. If you’re found guilty of DWI three times in a five-year period, then you could be dealing with:

• Up to four years in jail
• Up to $5,000 in fines
• Ten-year license suspension

– Habitual Offenders

In 2016, the state also clarified the definition of a “persistent offender.” This individual is someone who has been found guilty of at least one DWI traffic offense that resulted in the serious injury or death of another person.

A habitual offender is someone who meets one or more of the following criteria:

• Five or more prior offenses
• Four or more offenses where one other person was injured or killed
• Three or more offenses where at least two other people were injured or killed
• Has acted with criminal negligence to cause the death of a person not a passenger in the same vehicle the defendant was driving

Even before you’re found guilty of an offense, the courts may require continuous alcohol monitoring as a condition of your probation. This can become a costly burden in addition to the legal fees and other penalties.

Driver’s Points in Missouri

Points are accumulated when you’re convicted of a violation such as speeding, driving recklessly, or DWI.

If you accrue 8 points or more in an 18-month period, then the Department of Revenue will suspend your driving privileges for up to 90 days.

Accumulate more than 12 points in a year and you could have your driving privileges revoked permanently.

Each infraction carries a different point value ranging from 0 to 12. The first offense of driving while intoxicated carries 8 points, and each subsequent offense will result in 12 points. If an injury or fatality is associated with your DWI, then an additional 12 points can be levied for each incident.

All points and tickets will remain on the driving record for a period of at least three years. However, if the ticket in question led to a license suspension, then it will remain in place for five years after the reinstatement date.

Revocation and Suspension

In the State of Missouri, you can lose your license or have it suspended as a result of either a single DWI ticket or the accumulation of points. If your privileges are suspended, then you may be able to request Restricted Driving Privilege. You may be required to:

• Use an interlock ignition device
• File proof of insurance with an SR-22 form
• Use your privileges in a limited manner, including going to work, court obligations, medical appointments, religious services, court-ordered custodial obligations, buying gas and food

After the prescribed time has passed, you may be able to reinstate your driving privileges. This requires taking three steps, namely:

• Determining why your license was suspended or denied by referring to the letter you received from the License Bureau when that action was taken or requesting a copy of your driver’s record
• Noting these reasons on your reinstatement letter along with any necessary legal forms
• Proof that you’re involved in a Substance Abuse Traffic Offender Program
• Showing that you have insurance with an SR-22 or proof of liability insurance form

Getting an SR-22 form can feel like an expensive proposition. You’ll essentially be purchasing a high-risk policy due to your past DWI convictions, so you can expect the cost of insurance to be dramatically higher.

However, you don’t have to accept coverage from the first provider you contact. You can still shop around to keep your insurance costs down and make this process a little easier on your budget.

DWI Precautions

– Ignition Interlock Device

There are two primary precautions in place to help prevent people from driving while intoxicated after a conviction. The Ignition Interlock Device, or IID, is a handheld unit that connects to the car’s ignition, horn, and headlights. Drivers must breathe into the device in order to start the car.

Use of an IID is often required when DWI offenders are legally allowed to start driving again after a suspension. All installation and monitoring fees for these devices are expected to be paid by the driver in question.

– SATOP

The Substance Abuse Traffic Offender Program is designed to provide offenders with the therapy and counseling programs they may require to prevent a recurrence.

It’s a required program, and it consists of several different service levels, including education programs, weekend intervention plans, clinical interventions, and a special program for repeat offenders. Fees associated with these programs are paid by the offender.

Before paying high rates for SR-22 insurance, take a little time to shop around for a different plan.

Depending on your particular circumstances, you may be able to find more affordable insurance by looking at different companies. Maintain a clean record moving forward so that you can transition away from the SR-22 insurance and bring your rates down further.

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