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Missouri DUI/DWI Laws

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Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Mandatory for repeat convictions
  • Vehicle and License Plate Sanctions – Vehicle Forfeiture or Impoundment

General State Information

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Missouri are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

In Missouri the lookback period is 5 years
Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

Zero Tolerance

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

 

2nd Offense

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • $500 fine (maximum)
  • Prison (6 month maximum sentence)
  • Probation (2 year maximum)
  • must attend and complete a court approved SATOP program

 

2nd Offense

  • $1000 fine (maximum)

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

  • In Missouri, enhanced penalties for high BAC fall into two categories, BAC between .15% – .20%, and BAC .20% or higher
  • These penalties generally apply to first time offenders, as they add mandatory minimum Prison sentences
  • A BAC between .15% – .20% will result in 48 hour minimum Prison sentence.
  • A BAC above .20% will result in a 5 day minimum Prison sentence

Substance Abuse Traffic Offender Program

– The Substance Abuse Traffic Offender Program (SATOP) is Missouri’s state sponsored education and intervention program for drinking drivers.
– It is a comprehensive system that combines driver education and substance abuse treatment and counseling. It consists of 7 major components that are designed to address the various circumstances that can be involved in a DUI/DWI conviction:

  1. Offender Management Unit
  2. Offender Education Program
  3. Adolescent Diversion Education Program
  4. Weekend Intervention Program
  5. Clinical Intervention Program
  6. Serious and Repeat Offender Program
  7. Traditional Treatment

– The program must be completed to the satisfaction of the court in order to abide by the terms of the sentence

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

SR-22 Insurance Requirements

  • SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
  • Most, but not all states have SR-22 statutes
  • In Missouri an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
  • You must maintain your SR-22 for a period of *2-3 years following the restoration of your driving privileges
  • Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

*The actual length of time will depend on the nature of your violation

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Missouri does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved