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Missouri DWI Information

Missouri DWI Information from our top Missouri DWI Lawyers

Missouri DWI Information at MODWI.com

The Missouri DWI information on MODWI.com is a great resource for people who want (or need) to learn about the processes, procedures, consequences and issues relating to being arrested and charged with DWI in Missouri. If you are here because you have been arrested for DWI, you need to take the next step now and talk with an experienced Missouri DWI lawyer about the specific facts of your case. Knowledge is power. Trust in our experience.

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Contact us online now for a FREE, private consultation with a top Missouri DWI Lawyer. We can help you. Ask us how today.

Criminal and Administrative Law in Missouri

 

DWI Criminal Law in Missouri

Penalties:  imprisonment, probation, fines and court costs.

Criminal conviction of the crimes of Driving While Intoxicated (DWI), Driving with Excessive Blood Alcohol Content (BAC) and Driving Under the Influence of drugs (DUI) in Missouri are punishable by imprisonment, the imposition of fines, and the assessment of court costs.  In addition, convictions of DWI, BAC, or DUI will result in the assessment of Points toward the suspension/revocation being assessed against the license of the driver convicted.

Administrative DWI

Blow over the Legal Limit?  Refuse to Blow?

Administrative Sanctions:  Driver license suspension and revocation; SATOP and SR-22.

Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or DUI (Driving under the Influence), a driver arrested in Missouri for DWI or DUI also may be subject to administrative sanctions by the Missouri Department of Revenue Driver License Bureau.

Administrative sanctions include the suspension and revocation of the driver's license.  In addition, DoR administrative regulations require drivers to complete SATOP (State Alcohol Traffic Offenders Program), make an SR-22 insurance filing to prove financial responsibility, and pay a fee to have his or her license reinstated once the administrative alcohol suspension or revocation period has passed and the driver is eligible for reinstatement.

Blow over the Limit? (.08% for adults, .02% for minors)

Refuse to Blow? CLICK HERE

Field Sobriety Testing

The NHTSA standardized field sobriety testing (SFST) battery.

There are three (3) field sobriety tests that make up the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing  (SFST) battery; the horizontal gaze nystagmus (HGN) test, the walk-and-turn (WAT) test and the one-leg-stand (OLS) test. Visit our NHTSA Standardized Field Sobriety Testing page to learn more.

Breath Alcohol Testing

Missouri's implied consent law requires a driver to submit to a chemical breath alcohol test when arrested for DWI.

Missouri Law provides that any person who operates a motor vehicle in Missouri is deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood.  Visit our Breath Alcohol Testing page to learn more about the Intoxilyzer 5000 and DataMaster breath alcohol testing machines and other issues relating to the law and science of breath alcohol testing in Missouri.

What amount of alcohol consumption relates to what level of blood alcohol content?  View the Alcohol Impairment Charts page.

Refuse to submit to breath alcohol testing?  Visit our License Suspension and revocation page to learn about what happens if you "refused to blow" and did not submit to a breath alcohol test after being arrested for DUI / DWI.

SATOP

Substance Abuse Traffic Offender Program

 

Missouri law requires that when a person's license has been suspended or revoked by the Department of Revenue for DWI or DUI, the person must participate in and successfully complete a Substance Abuse Traffic Offender Program (SATOP). Visit our SATOP Screening and Programs page for information about the program including detailed descriptions of the screening process and the six (6) SATOP program levels.  Our SATOP page also has a link to our SATOP Offender Management Unit page which contains a complete listing of every SATOP provider in the State of Missouri (alphabetized by County and City) with direct links to many.

MIP - Minor in Possession

Missouri's Minor in Possession (MIP) "Possession by Consumption"

Missouri's new Minor in Possession (MIP) "possession by consumption" law (HCS SS SB 402) became effective on August 28, 2005. The new MIP "possession by consumption" law expands the old MIP law's definition of "possession" to include "possession by consumption" and being "visibly intoxicated."  (HCS SS SB 402 summary / HCS SS SB 402 full text)  Under the new Missouri MIP "possession by consumption law, minors (16-20 years old) who plead guilty to or are convicted of MIP will have their driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense and revoked for a year for the 3rd or any subsequent MIP offense.  CLICK HERE to be taken to our Missouri's New Minor in Possession (MIP) "Possession by Consumption" Law | Driver License Suspension and Revocation page.

Missouri DWI Information and Links

 

Links to Missouri DWI / DUI Information

Missouri Department of Revenue FAQ's

15 days!

That's how long you have from the day you were arrested for DWI or DUI in Missouri to request an administrative hearing or many of your rights will be lost and your license suspended or revoked if either refused to take a breath, blood, or urine test of your alcohol concentration after you were arrested OR it was tested and the alcohol concentration in your blood, breath, or urine was .08% or higher by weight (.02% or higher if you were under 21 years old).



 

Criminal Law - Missouri DWI

This is the State of Missouri criminal law defining DWI:

Driving While Intoxicated. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition (§577.010). Driving while intoxicated is for the first offense, a class B misdemeanor, punishable by up to six (6) months in prison (§558.011) and a fine of up to $500.00, not including court costs (§560.016).In addition, eight (8) points is assessed against a person’s Driver License for a first conviction for excessive blood alcohol content (BAC), driving while intoxicated (DWI), or for driving under the influence of drugs (DUID). The second and all subsequent convictions for DWI, DUID or BAC result in 12 points being assessed (§302.302).

Counties, cities, and municipalities in Missouri also have their own criminal law and ordinances relating to DWI which may vary. Often, a person arrested for DWI is prosecuted under the local county, city, municipal law or ordinance.

Administrative Law - Missouri DWI

In addition to being prosecuted criminally and being subject to the criminal penalties for DWI, A person arrested for driving with a blood alcohol content of .08% or higher also is processed administratively by the Missouri Department of Revenue Driver License Bureau and is subject to the imposition of administrative sanctions in addition to criminal penalties. Minors arrested or stopped with .020% or more blood alcohol content are also subject to administrative sanctions (§302.500-§302.540).

CLICK HERE to be taken to our Administrative Alcohol Arrests Page

Implied Consent Law -- Do I have to blow?

Any person who operates a motor vehicle within Missouri shall be deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood in any of the following circumstances:
1. If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition; or

2. If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury, and has been arrested for the violation of any state law or county or municipal ordinance with the exception of equipment violations; or

3. If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality

4. If the person is under 21 years old, has been stopped by a law enforcement officer (including at a roadblock or sobriety checkpoint), and the law enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of .02% or more by weight.

Visit our Chemical Test Refusal Page.

Can I talk to an attorney before I blow?

If a person when requested to submit to any test allowed pursuant to the Missouri Implied Consent Law requests to speak to an attorney, the person shall be granted 20 minutes in which to attempt to contact an attorney.

If upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal to take the test.

What happens if I refuse to blow?

When requested to take the test, the law enforcement officer will inform the person that evidence of refusal to take the test may be used against such person and that the person's license shall be immediately revoked upon refusal to take the test. The revocation period is one (1) year.

In this event, the officer shall serve the notice of license revocation personally upon the person and shall take possession of any license to operate a motor vehicle issued by Missouri which is held by that person. The officer shall issue a temporary permit, on behalf of the director of revenue, which is valid for fifteen days and shall also give the person a notice of such person's right to file a petition for review to contest the license revocation.

Visit our Chemical Test Refusal Page.

Does the stop have to be lawful for the State of Missouri to suspend or revoke my license?

The Missouri Supreme Court has held that the traffic stop itself need not be lawful in order for the State of Missouri to suspend or revoke a driver's license under the administrative suspension/revocation laws.


What do I need to do to get my license reinstated?

Once a driver becomes otherwise otherwise eligible for reinstatement after an alcohol related suspension is imposed, the driver must meet the following requirements to be reinstated:   
   
    1.    Pay a $45 reinstatement fee.
 
    2.    File and maintain proof of financial responsibility (Missouri 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.    Successfully complete a Substance Abuse Traffic Offender Program (SATOP). 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.

What is an SR-22 insurance filing?

A Missouri SR-22 Filing is a form from your insurance company that proves to the Department of Revenue that your vehicle has required liability insurance.  Click here to see what it looks like.  Missouri SR-22 Filing


 

More Missouri DWI Information

 

Drivers Licensing FAQ

 

DWI (Driving While Intoxicated) FAQ

Alcohol Convictions

Administrative Alcohol Arrests

Chemical Test Refusal Information Page

 

Abuse and Lose FAQ

Abuse and Lose Information, FAQ, and Statutes Page

Administrative Alcohol Arrests FAQ

Tickets and Points FAQ

 

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