Why You Need a Lawyer to Defend You Against a Missouri DWI

It's important to have an experienced Missouri DWI defense attorney on your side if you're charged with a DWI in Missouri. From the moment you are charged with a Missouri DWI, two separate lawsuits are filed against you:

1. A criminal case (State of Missouri/City v. You)
2. A civil case (Department of Revenue v. You)

In Missouri, these DWI proceedings are distinctly different - different judges, prosecutors, courts, burdens of proof, and most importantly, different consequences.

What follows is our Missouri DWI guide, which offers you in-depth information that will help you understand the process thanks to advice from a Missouri DWI lawyer.

What are the consequences of a DWI arrest in Missouri?

A first time offender for DWI in Missouri faces consequences such as fines, loss of driver's license, jail time and a criminal record. Subsequent DWI convictions in Missouri would make you a prior or persistent offender, which would carry more severe penalties.

What follows are the main consequences of a DWI arrest in Missouri:

1) Alcohol Convictions

In Missouri, points are added to a driver's record for an alcohol-related traffic conviction such as a DWI.

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 in Kansas City, Missouri 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 ten 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 thereof. 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. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

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.

2) 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

The driver has 15 days from the date of the arrest 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, 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 arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, 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. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

If revoked, the individual is required to take the complete written and driving tests before applying for a new license.

3) Chemical Test Refusal

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 or a Refusal Affidavit. 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. Any continued driving beyond the initial 15 day period must be pursuant to a court issued stay order. The stay order will hold the revocation in abeyance until disposition of the case.

If the arrest is upheld by the court, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, 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. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

4) Abuse and Lose

If ordered by the court, anyone under the age of 21 years of age may have his or her driving privilege suspended or revoked 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 a controlled substance.
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.

The first withdrawal action under the Abuse and Lose law shall be for 90 days and any subsequent 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. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

5) Minor in Possession/Other Alcohol Offenses

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. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed.

A DWI criminal defense attorney with experience

Christopher J. Angles offers experience and expertise defending you against a DWI in Missouri. Contact Christopher today to schedule a consultation regarding your DWI arrest.