About DWI in Missouri
The Crime Driving While Intoxicated is the only crime for which an individual can be convicted solely on the opinion of law enforcement.
In order to convict someone over the age of 21 of DWI, the state must prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content of .08% or higher.
A person over the age of 21 may be convicted of DWI if their blood alcohol content was .08% or higher at the time of the offense, even if their ability to drive was not impaired. A person may also be convicted of DWI for operating a vehicle while under the influence of a narcotic, even if it was prescribed by a physician.
If you are under 21 years of age there is “zero tolerance” and you can be arrested and convicted of DWI for any blood alcohol content above .02%.
The Consequences Upon conviction for the First Offense DWI, a person is subject to the following penalties:
- A sentence of up to six months in the county jail
- A fine of up to $500 and court costs
- Loss of driver's license for 90 days; and
- Enrollment and completion of a court-approved SATOP (substance abuse traffic offender's program);
- Enrollment and completion of a victim's impact panel;
- Reinstatement fee of $45.00 to the Department of Revenue;
- Filing of SR-22 insurance;
- Community service work; and
- Up to two years of probation
License revocation for one year is also possible when a defendant is found to have refused to submit to a chemical test after being lawfully requested to do so. This may apply even where the defendant is not convicted of DWI.
Penalties for a second or subsequent conviction of DWI increase dramatically. On a second or subsequent offense the defendant is subject to a five year loss of driving, requirement that defendant install an ignition interlock system on any vehicle that they may be operating.
A third or subsequent arrest for DWI is classified as a felony.
If you are under 21 years of age you are also subject to ABUSE AND LOSE which is a revocation of your driving privileges for 90 days on a first offense.
Because the facts, law and circumstances of each case vary, it is important for persons in need of a lawyer to meet individually with that office to obtain specific advice. The information contained on this we site is no substitute for individual consultation.
Initial consultations on criminal cases are free.
It is important that you speak with a qualified, experienced criminal defense lawyer if you are facing charges.
