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1. Traffic Law Services: DWI / DUI / BAC Missouri drunk driving cases are commonly referred to as driving while intoxicated (DWI) when alcohol related, or driving under the influence (DUI) where drugs are involved. There are two separate cases within a Missouri DWI / DUI caseÑthe civil case, known as the Administrative Hearing, where your license is at risk, and the criminal case, known as the Prosecution, where your freedom is at risk. Missouri has a DWI "per se" law, meaning that it is illegal to drive with a blood alcohol content (BAC) of .08 percent or greater. If a person is arrested for drunk driving, DWI or DUI, refusal to take a chemical test can be used as evidence in court, and also result in criminal and administrative penalties, meaning a longer driverÕs license suspension. Your license is at risk of being suspended or revoked if you do not take appropriate action within 15 days of your arrest if you refused to take a breath, blood or urine test after being arrested for DWI / DUI in Missouri, or if the results of your test were above the prohibited level of .08 percent BAC for drivers over age 21 and .02 percent BAC for drivers under age 21. SENTENCE, PROBATION & FINE Conviction for a first DWI is a Class B misdemeanor. Jail: Up to a maximum of 6 months imprisonment. Fine: Up to $500.00. Court costs may also be between $10.00 and $100.00. Probation: The general terms of probation are no drinking and driving, do not break the law, complete a SATOP course and pay a reinstatement fee. Probation usually lasts 2 years. A conviction plea of guilty plus the imposition of a fine and / or court costs with probation is commonly referred to as a Suspended Execution of Sentence or SES. DRIVING SUSPENSION Suspended Driving Privileges: A criminal conviction for a first time DUI results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available during the first 30 day period if you lose your Administrative Hearing. This suspension becomes a permanent part of your driving record if you do not win your appeal to the Circuit Court of the County where you are arrested. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver's license. Do not let these things happen to you ...
2. Mathews, Joshua: These are the general guidelines for DWI / DUI Offenses in Missouri. They are subject to change at any time. None of the information on this page is meant to substitute for a consultation with an attorney. While we strive to offer the most up to date information on these pages, we cannot make guarantees as to its accuracy. 1. First conviction for excessive blood alcohol content (BAC) - 8 points 2. First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) - 8 points 3. Second or subsequent conviction for DWI, DUID or BAC - 12 points 4. Commercial motor vehicle .04% - 2 points A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year. Multiple Convictions A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial. A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order. Reinstatement A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked. Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements: 1. Pay a $45 reinstatement fee. 2. File and maintain proof of financial responsibility for two years from the suspension or revocation date. 3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020. Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee. Administrative Alcohol Arrests A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under section 302.500 through 302.540. The arresting officer completes and sends information to the Department of Revenue, including the following. 1. Alcohol Influence Report form (AIR). 2. Missouri Uniform Complaint and Summons, or warrant, if applicable. 3. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individual's license is taken). 4. Missouri Driver License, if secured. Hearing Process 1 The driver has 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer's testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear. Suspension/Revocation If the action is upheld, the driver license is suspended or revoked based on the prior five-year driver record. If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year, and if not, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue. If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final. If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the court upholds the arrest, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the suspension or revocation is canceled and the license is returned, if applicable. The reinstatement requirements are: 1. Pay a $45 reinstatement fee. 2. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law. 3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020. If revoked, the individual is required to take the complete written and driving tests before applying for a new license. Chemical Test Refusal (Refuse to Blow) Missouri's implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year. Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled. If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable. The reinstatement requirements are: 1. Pay a $45 reinstatement fee. 2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020. Abuse and Lose If ordered by the court, anyone under 21 years of age may have his or her driving privilege suspended for 90 days for a first offense or revoked for one year for a subsequent offense for any one of the following reasons: 1. Any alcohol related traffic offense. 2. Any offense involving the possession or use of alcohol while operating a motor vehicle. 3. Any offense involving the possession or use of drugs. 4. Any offense involving the alteration, modification or misrepresentation of a driver license. 5. A second offense involving the possession or use of alcohol by someone under 18 years of age. If ordered by the court, anyone 21 years of age or older may have his or her driving privilege revoked for one year for possession or use of drugs while driving. Reinstatement 1. Pay a $45 reinstatement fee. 2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020. Conviction Two points are added to a driver's record for a minor in possession traffic conviction. The person must have been operating a motor vehicle. Court Ordered Suspension/Revocation If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons: 1. Purchasing or attempting to purchase any intoxicating liquor. 2. Possessing any intoxicating liquor. 3. Being visibly intoxicated as defined in section 577.001, RSMo. 4. Having a blood alcohol content level of more than .020 percent. The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year. The reinstatement requirements are: 1. Pay a $45 reinstatement fee. 2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.
3. Hottman, Todd: There is approximately one arrest every 10 minutes for DUI and DWI in Kansas and Missouri. It is the most common crime involving otherwise law abiding citizens. It is often the only contact with the criminal justice system those charged will ever have. If you have been arrested for Kansas DUI or Missouri DWI, it is obviously cause for concernÑbut there is still hope. By hiring an experienced DUI DWI defense lawyer who knows what to look for to protect your rights, you place yourself in the best position to defend the charges against you. The following is a list of factors that can contribute to a successful outcome in a DUI DWI case. Of course, not everything listed below will be a factor in every case. The attorneys at The DUI Clinic are trained to recognize these issues when reviewing the facts of a DUI DWI case. Don't trust your DUI DWI case to the lawyer who did your divorce or will. Trust this one to a lawyer who practices DUI DWI defense every day, like the lawyers at The DUI Clinic. The following are examples of what an experienced, seasoned, aggressive DUI defense lawyer looks at when preparing a successful DUI DWI defense. ILLEGAL STOP OF PERSON OR VEHICLE Ð a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred. WEAVING INSIDE THE LANES IS NOT ILLEGAL Ð weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason. ANONYMOUS REPORT OF DRUNK DRIVING Ð a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. STANDARD FIELD SOBRIETY TESTING IS INACCURATE Ð according to the Federal Government (NHTSA -the developers of the FST's) even when conducted properly on healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. NON-STANDARDIZED FIELD TESTS ARE INVALID Ð neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests. BREATH TESTING IS INACCURATE Ð virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc. BOOKING ROOM VIDEOS Ð Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. IN-CAR VIDEOS Ð more and more often, the suspectÕs driving and performance on field tests is being recorded; often contradicting police testimony. FAILURE TO PROVIDE SPEEDY TRIAL Ð If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed. POLICE BLOOD TEST INACCURATE Ð Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. HOSPITAL BLOOD TEST INACCURATE Ð Hospital blood tests overestimate a personÕs true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. BREATH TEST OPERATOR UNLICENSED Ð Breath Test Operators are required to possess a valid, unexpired operatorÕs license, or the breath test result is inadmissible. BREATHALYZER MACHINE MALFUNCTIONS Ð If there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspectÕs breath test, the results of the suspectÕs test are presumed invalid. BREATH TEST OPERATOR LICENSE EXPIRED Ð Most states require that a Breath Test Operator must possess an unexpired operatorÕs license, or the breath test result is inadmissible. BREATH TEST DEVICE NOT APPROVED Ð A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the State approved list of Devices, or the results are inadmissible. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE Ð A defendantÕs admission to driving, without more, does not prove a charge of driving under the influence. INDEPENDENT WITNESSES Ð Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendantÕs sobriety. FAILURE TO MIRANDIZE Ð Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED Ð According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. OFFICERÕS PRIOR DISCIPLINARY RECORD Ð A police officerÕs previous disciplinary record can be used to attack the officerÕs credibility. PORTABLE BREATH TEST INADMISSIBLE Ð Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED Ð The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature. FAILURE TO CONDUCT OBSERVATION PERIOD Ð a driver must be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid. EXPERT WITNESSES Ð Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests. MEDICAL AND HEALTH PROBLEMS Ð Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. BAD WEATHER Ð Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance. LACK OF PROBABLE CAUSE TO ARREST Ð A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial. ILLEGAL SEARCH Ð The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driverÕs consent or probable cause. Any evidence illegally obtained is not admissible in court. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Ð Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officerÕs credibility. POST-DRIVING ABSORPTION OF ALCOHOL Ð The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile. INTERFERING SUBSTANCES Ð Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid. BREATH MACHINE NOT PROPERLY OPERATED Ð The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. FAILURES TO PRODUCE DISPATCH TAPES Ð Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed. MISLEADING STATEMENTS BY POLICE OFFICERS Ð Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driverÕs record. STATUTES OF LIMITATIONS Ð A charge of DUI must be filed within a certain period of time from the date of offense, or the charges will be dismissed outright. FAILURE TO RECORD CERTIFICATION TESTS Ð the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver. FORCED BLOOD DRAWS Ð usually, the police may not take a blood test against the driverÕs consent where there has not been an injury involved, or the result is inadmissible.
4. Walter, Scott: If you are accused of a crime or traffic offense call a criminal defense attorney.