Author:
Kimberly J. Benjamin, Founder & Managing Attorney
March 24. 2022.
Understanding Out of State DUI Missouri
The midwest is vast, and those who live in the fly-over states daily take to the open road. Unfortunately, traveling through other states means that drivers are subjected to local laws with which they are unfamiliar. Therefore, it is helpful to know what an out of state DUI means in Missouri.
The Missouri Department of Revenue (DOR) is charged with administering and enforcing motor vehicle laws and rules in Missouri. The DOR regulates drivers, vehicles, and traffic to ensure public safety on Missouri’s highways.
The DOR divides the state into six regions. These regions are subdivided into districts that are responsible for enforcing traffic laws in specific geographical areas. Each district has several officers who patrol their respective areas on a daily basis.
Fighting First Offense DWI Charges
Even if it is your first offense for a DWI or any criminal charge, you should take the situation seriously. The potential penalties are severe and become harsher with every additional offense. Plus, if convicted, the crime will remain on your criminal record for life, unless you take steps to have your record cleared in the courts.
A Missouri DUI criminal charge requires the aid of skilled DUI lawyers in Missouri from a reputable law firm. DUI convictions are serious and have harsh consequences. The DWI & Criminal Law Center will assess your criminal case and weigh the potential penalties against the effect of accepting a plea deal.
Missouri Out of State DUI Laws
The Missouri State Highway Patrol has recently made it easier for out-of-state drivers to get a DUI. The new law states that if an arresting officer pulls over a vehicle and sees any signs of alcohol, they can ask the driver to take a breathalyzer test.
Refusing to blow when given the opportunity is a common reason for getting an out-of-state DUI. Refusing to submit to a chemical test like a breath, urine, or blood test is grounds for an out-of-state DUI conviction. Since your blood alcohol level isn’t verified, it is assumed to be high, and you can be charged based solely on that action. This new law is designed to make sure that all drivers on the road are sober enough to drive and will hopefully decrease the number of accidents by drunk drivers.
Driving under the influence (DUI) in Missouri is taken very seriously. A DUI can be charged with a misdemeanor or felony depending on how many previous offenses you have had in the past ten years. If you have had one DUI in 10 years, your charge will be considered a misdemeanor, and you will receive up to one year in jail.
How to Get a Missouri Driver’s License With an Out of State DUI
People who have a DUI in another state may face difficulty getting a Missouri driver’s license. The Missouri DMV will not issue an out-of-state DUI offender with a Missouri driver’s license unless they can provide proof that they are no longer under suspension or revocation from their home state.
To get a Missouri driver’s license, the applicant must provide the following:
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Proof of identity (i.e., birth certificate, passport)
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Proof of legal presence in the United States (i.e., birth certificate, passport)
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Proof of Social Security number (i.e., Social Security card)
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A valid out-of-state driver’s license for which they were never convicted for driving under the influence
Missouri is one of the few states that doesn’t have a “per se” law, which means you could be charged with an out-of-state DUI even if you’re not driving in Missouri. A reliable law firm can provide additional information and advice.
Missouri Penalties Out of State DUI
The penalties for out-of-state DUIs in Missouri are the same as for in-state DUIs. The only difference is that if you happen to get a DUI while driving through, you will have to wait at least ten days before getting your license back.
Penalties for a conviction of driving while intoxicated DWI may include:
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Alcohol treatment
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Court costs
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Driver’s license suspended
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Fines
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Jail or prison time
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Parole or probation
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Traffic ticket expenses
The conviction will be documented on your criminal record and driving record. Plus, you may need to have your license reinstated. If you have been suspended or revoked, you must pay a minor driver’s license reinstatement fee of $3.00.
A DWI lawyers in KC Mo may convince the prosecuting attorney to agree to substitute a license suspension with allowing you to maintain limited driving privileges.
Does My Out-of-State DUI Count in Missouri?
A DUI is a criminal offense, and it can lead to serious consequences, like fines, license suspension, or even jail time. Depending on the state you live in, a DUI may not be considered as such. Missouri does not have a specific DUI statute for out-of-state drivers and instead issues citations for “driving while intoxicated.”
Non-resident violators of DUI laws are not entitled to any leniency from the Court. A non-resident may be arrested for driving under the influence whether they are in the state to violate drunk driving laws (evading law enforcement from another state, for example) or not.
How to Handle Out of State DUI
DUI arrests are not geographically limited. If you’re caught driving motor vehicles under the influence in an out-of-state jurisdiction, you could face serious penalties. It is essential that you take specific steps to protect your rights and stay safe. Make sure that your license is valid and up to date in all states where it is recognized as valid. Familiarize yourself with local laws.
If you’ve been charged with an out of state DUI, you want a tenacious DUI criminal attorney with whom you can build a good attorney-client relationship and who has the skills to handle your drunk driving case.
DWI convictions have long-reaching repercussions, but skilled legal representation can help reduce criminal consequences and avoid a DWI conviction. Call the Missouri DWI & Criminal Law Center for a free consultation.
