What Are Missouri’s DUI/DWI Penalties?

Kimberly2 1 Author:

Kimberly J. Benjamin, Founder & Managing Attorney

The DWI laws prohibit all motorists from operating or being physically in control of a vehicle while intoxicated. Driving while intoxicated usually results in severe penalties that may lead to lifelong consequences. Here is what you need to know about Missouri’s DWI penalties.

 

Typical Penalty for DWI in Missouri

The penalties a DWI offender could face will depend on numerous factors, including the number of prior convictions. Here are what the potential sentences generally look for a first, second, and third DWI offense.

 

First DWI Offense

This includes:

  • A fine of up to $500
  • A jail time of 6 months
  • A license suspension of 90 days, but eligible for restricted driving privileges after 30 days
  • An ignition interlock restriction on license reinstatement for not less than six months

 

Second DWI Offense

This includes:

  • A fine of up to $1000
  • One year jail time
  • 1 to 5 years driver’s license revocation
  • An ignition interlock restriction on license reinstatement for not less than six months
  • Must complete substance abuse program before driver’s license reinstated

 

Third DWI Offense

This includes:

  • A fine of up to $5000
  • Five years jail time
  • A 10 years driver’s license revocation
  • Must complete substance abuse program before driver’s license reinstated
  • Ignition interlock restriction on license reinstatement for not less than six months

 

What Are the Penalties for Refusing to Submit to Chemical Testing in Missouri?

For every DWI investigation, police officials are usually required to request any suspect for a blood, breath, or urine test to determine the blood alcohol concentration or the amount of drugs in the person’s system. Although some laws protect drivers from having to submit to certain types of testing under specific circumstances, failing to submit to a chemical test could still land you in trouble.

 

Overview of the Missouri Laws of DWI Chemical Testing and Possible Penalties for Refusing a Test

Refusing to submit a DWI chemical test might land you into a hot pan. However, Missouri implied consent statute allows a driver to refuse chemical testing with some consequences.

Here are possible penalties one can face for refusing to submit a chemical test.

 

Driver’s License Revocation

Any driver who refuses to submit a urine, blood, or breath test is likely to be penalized with a year of license revocation. Also, if the driver has any prior alcohol-related suspensions and revocations for DWI convictions, they are likely to get a minimum of six months of an ignition interlock device and revocation after that.

 

Evidentiary Uses

A considerable percentage of drivers think that a DWI cannot possibly be proven without a chemical test. But the truth is that a driver can easily be convicted of a DWI based on their blood alcohol content. Refusing to submit a chemical test can be used as evidence of impairment against the driver during the trial as it’s assumed that because a driver was trying to hide, they were intoxicated.

 

Warrants

In a situation where the driver has refused to submit a chemical test, a police officer can still obtain a warrant to draw blood. The driver also does not have the right to refuse testing if a judge has issued a warrant.

 

Conclusion

Driving while intoxicated can lead to very severe penalties and, at times, even life-changing consequences. If you have been arrested for violating Missouri’s DWI laws, it’s vital to consider talking to a DWI lawyer. The DWI laws are complicated and ever-changing. To evade or minimize the life-changing consequences of a DWI conviction, contact a qualified criminal defense lawyer. They will assist you in handling your charges and tell you how various laws apply to your case.

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