Driving under the influence (DUI), also known as driving while intoxicated (DWI) in Missouri, is a serious offense with significant legal consequences. This article provides an in-depth look at Missouri's DUI laws, penalties, and procedures, using information from legitimate sources such as government websites and official legal statutes.
Overview of Missouri DUI Laws
Definition of DUI/DWI in Missouri
In Missouri, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably. According to the Revised Statutes of Missouri (RSMo) Section 577.010, a person commits the offense of driving while intoxicated if they operate a motor vehicle while in an intoxicated or drugged condition. Intoxication is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or being under the influence of drugs.
Legal BAC Limits
- General Drivers: 0.08% BAC
- Commercial Drivers: 0.04% BAC
- Drivers Under 21: 0.02% BAC
Source: Revised Statutes of Missouri, RSMo Section 577.010
Implied Consent Law
Missouri's implied consent law requires drivers to submit to chemical tests (breath, blood, or urine) if a law enforcement officer has reasonable grounds to believe the driver is intoxicated. Refusal to take the test can result in immediate administrative penalties, including license suspension.
Source: Missouri Department of Revenue - DWI
Penalties for DUI/DWI in Missouri
First Offense
A first-time DWI offense in Missouri is classified as a Class B misdemeanor. Penalties include:
- Jail Time: Up to 6 months
- Fines: Up to $500
- License Suspension: 30 days, followed by a 60-day restricted driving period
- Ignition Interlock Device (IID): May be required
Source: Missouri DWI Laws - Nolo
Second Offense
A second DWI offense is more severe and is classified as a Class A misdemeanor. Penalties include:
- Jail Time: Up to 1 year
- Fines: Up to $1,000
- License Revocation: 1 year
- IID: Required for reinstatement of driving privileges
Source: Penalties for a 1st, 2nd, 3rd, and Felony DWI in Missouri
Third Offense
A third DWI offense is classified as a Class D felony. Penalties include:
- Jail Time: Up to 4 years
- Fines: Up to $5,000
- License Revocation: 10 years
- IID: Required for reinstatement of driving privileges
Source: Third and Subsequent Offense DWI | Higher Level Legal Law Firm
Felony DWI
A fourth or subsequent DWI offense is classified as a Class C felony. Penalties include:
- Jail Time: Up to 7 years
- Fines: Up to $5,000
- License Revocation: 10 years
- IID: Required for reinstatement of driving privileges
Source: Missouri DWI Laws and Penalties - Nolo
Administrative Penalties
License Suspension and Revocation
Administrative penalties for DWI in Missouri include license suspension and revocation. The Missouri Department of Revenue handles these penalties, which are separate from criminal penalties.
- First Offense: 30-day suspension followed by a 60-day restricted driving period
- Second Offense: 1-year revocation
- Third Offense: 10-year revocation
Source: Missouri Department of Revenue - DWI
Ignition Interlock Device (IID)
An IID is a breathalyzer device installed in a vehicle that prevents it from starting if the driver's BAC is above a preset limit. Missouri law requires an IID for certain DWI offenders, particularly for repeat offenders and those seeking reinstatement of driving privileges after a revocation.
Source: Missouri DWI Laws - Abella Law Firm
Special Considerations
Underage DWI Laws
Missouri has a zero-tolerance policy for underage drinking and driving. Drivers under 21 with a BAC of 0.02% or higher can be charged with a DWI. Penalties include:
- First Offense: 30-day suspension
- Second Offense: 90-day suspension
- Third Offense: 1-year revocation
Source: Underage DWI Laws & Penalties in Missouri
Commercial Drivers
Commercial drivers in Missouri are held to a higher standard. A BAC of 0.04% or higher can result in a DWI charge. Penalties for commercial drivers are more severe and can include disqualification from operating commercial vehicles.
Source: Missouri DWI Laws - Abella Law Firm
Drugged Driving
Driving under the influence of drugs, whether prescription or illegal, is also prohibited under Missouri law. Penalties for drugged driving are similar to those for alcohol-related DWIs.
Source: Missouri DWI Laws - Abella Law Firm
Legal Procedures and Defenses
Arrest and Booking
When a driver is suspected of DWI, they are typically arrested and taken to a police station for booking. This process includes fingerprinting, photographing, and recording personal information.
Arraignment
The arraignment is the first court appearance where the defendant is formally charged with DWI. The defendant can enter a plea of guilty, not guilty, or no contest.
Pre-Trial Motions
Pre-trial motions may be filed by the defense to challenge the evidence or the legality of the arrest. Common motions include motions to suppress evidence or dismiss charges.
Trial
If the case goes to trial, both the prosecution and defense present evidence and arguments. The judge or jury then decides whether the defendant is guilty or not guilty.
Sentencing
If the defendant is found guilty, the judge will impose a sentence based on the severity of the offense and the defendant's criminal history.
Appeals
Defendants have the right to appeal a conviction if they believe there was a legal error in the trial process.
Resources for Legal Assistance
Public Defenders
Missouri provides public defenders for individuals who cannot afford private legal representation. Public defenders are experienced in handling DWI cases and can provide valuable assistance.
Private Attorneys
Hiring a private attorney can provide more personalized legal representation. Many attorneys specialize in DWI defense and can offer expert advice and representation.
Legal Aid Organizations
Several legal aid organizations in Missouri offer free or low-cost legal services to individuals facing DWI charges. These organizations can provide legal advice, representation, and resources.
Conclusion
Missouri's DUI laws are strict and carry severe penalties for those convicted. Understanding these laws and the legal procedures involved is crucial for anyone facing a DWI charge. By adhering to the legal BAC limits and avoiding impaired driving, individuals can avoid the serious consequences associated with DWI offenses.
For more detailed information, you can visit the following official resources:
This article aims to provide a comprehensive overview of Missouri's DUI laws, helping to improve access to justice and legal understanding for all individuals.
