Paladin Law

📞 (417) 228-0784‬​

Missouri DWI Law

Struggling with Missouri DWI law? We can help.

Driving while intoxicated (DWI) is a serious crime that can have life-altering consequences. In Missouri, the penalties for a DWI conviction are severe and can include jail time, fines, and license suspension. Additionally, Missouri has a zero-tolerance policy for underage drinking and driving. If you’re facing a DWI in Missouri, you need an experienced attorney to help you through the process. Contact Paladin Law today to discuss your case, and let us help you fight for your rights.

This article will provide an overview of Missouri DWI law, including the penalties for a DWI conviction, Missouri DWI checkpoints, Missouri DWI refusal laws, Missouri first-offense DWI laws, and Missouri felony DWI laws.

Overview of Missouri DWI law

Driving while intoxicated (DWI) is considered a serious offense in Missouri. As defined by the state, operating a vehicle with a blood alcohol content (BAC) of.08% or higher constitutes DWI. This BAC limit applies to all drivers, regardless of age or experience.

A DWI conviction in Missouri can result in severe consequences. Penalties may include substantial fines, a suspended or revoked driver’s license, mandatory jail time, and required installation of an ignition interlock device. The specific punishments depend on various factors, such as the driver’s BAC level, prior DWI convictions, and whether there were any aggravating circumstances, such as an accident or injuries.

Missouri has adopted a zero-tolerance policy for underage drinking and driving. For drivers under the age of 21, any detectable amount of alcohol in their system is considered a DWI offense. The penalties for underage DWI are similar to those for adult DWI convictions, but they may also include additional restrictions, such as mandatory alcohol education programs or community service.

In certain circumstances, first-time DWI offenders in Missouri may be eligible for a diversion program. These programs typically involve completing alcohol education and treatment courses, paying fines, and installing an ignition interlock device. If the offender successfully completes the program, the DWI charges may be dropped or reduced.

It’s important to note that Missouri DWI laws are complex and subject to change. The information provided here is a general overview and should not be considered legal advice. If you are facing a DWI charge in Missouri, it is crucial to consult with an experienced attorney who can provide personalized legal guidance based on your specific circumstances.

Missouri DWI penalties

The penalties for a DWI conviction under Missouri DWI law can be severe and vary depending on the circumstances of the offense. Here are some of the potential penalties:

Missouri DWI fines

First-time DWI offenders can expect to pay fines ranging from $500 to $1,000. Repeat offenders may face fines of up to $5,000.

Missouri DWI law and jail time

First-time DWI offenders may be sentenced to up to six months in jail. Repeat offenders may face jail time of up to four years. 

Missouri driver’s license suspension

First-time DWI offenders will have their license suspended for up to 90 days. Repeat offenders may have their license suspended for up to one year. 

Installation of an ignition interlock device after a Missouri DWI

First-time DWI offenders may be required to install an ignition interlock device in their vehicle for up to one year. Repeat offenders may be required to install an ignition interlock device for up to three years.

Missouri DWI law and alcohol education and treatment

First-time DWI offenders may be required to complete an alcohol education and treatment program. Repeat offenders may be required to complete a more intensive program.

In addition to these penalties, a DWI conviction can also have other negative consequences, such as increased insurance rates, difficulty finding employment, and damage to your reputation.

If you are facing a DWI charge in Missouri, it is important to speak with an experienced attorney. An attorney can help you understand your rights and options, and can represent you in court.

Missouri DWI checkpoints

Sobriety checkpoints are a common tool used by law enforcement to deter drunk driving. In Missouri, sobriety checkpoints are legal and can be set up anywhere, at any time. However, there are certain guidelines that law enforcement must follow when setting up and operating sobriety checkpoints.

First, law enforcement must have a reasonable suspicion that criminal activity is occurring in order to set up a sobriety checkpoint. This suspicion can be based on a number of factors, such as the time of day, the location, and the number of drunk driving arrests that have been made in the area.

Second, law enforcement must give drivers advance warning of the sobriety checkpoint. This can be done by placing signs on the road or by using flashing lights.

Third, law enforcement must conduct the sobriety checkpoint in a fair and impartial manner. This means that all drivers must be treated equally, regardless of their race, gender, or ethnicity.

Finally, law enforcement must keep the sobriety checkpoint open for a reasonable amount of time. This will allow all drivers who are stopped to be screened for drunk driving.

If you are stopped at a sobriety checkpoint, you are not required to answer any questions or submit to any tests. However, if you refuse to cooperate, you may be arrested for obstruction of justice.

It is important to note that sobriety checkpoints are not the only way that law enforcement can catch drunk drivers. Law enforcement can also use other methods, such as roving patrols and traffic stops, to catch drunk drivers.

If you are caught driving drunk, you will face a number of serious penalties, including fines, jail time, and license suspension. You may also be required to install an ignition interlock device in your vehicle.

Missouri DWI refusal laws

Refusing to submit to a breath or blood test when you are suspected of driving under the influence (DWI) is a serious offense in Missouri, even if you are not ultimately convicted of DWI. By refusing, you are admitting that you know you are intoxicated and still chose to operate a vehicle, which puts others at risk.

The penalties for refusing a breath or blood test are the same as the penalties for DWI, which can include jail time, fines, and license suspension. You can also be required to install an ignition interlock device in your car for one year.

In addition to the criminal penalties, refusing a breath or blood test can also have other negative consequences, such as increased insurance rates, difficulty finding employment, and damage to your reputation.

If you are pulled over for suspected DWI, it is in your best interest to cooperate with the police and submit to a breath or blood test. Refusing to do so will only make the situation worse.

If you are arrested for DWI, it is important to contact an experienced attorney as soon as possible. An attorney can help you understand your rights and options and can represent you in court.

First offense under Missouri DWI law

Driving under the influence of alcohol, or DWI, is a severe offense in Missouri, and a first-time conviction can have substantial and long-lasting repercussions. Penalties include potential imprisonment for up to half a year, substantial fines reaching up to $1,000, and the suspension of your driver’s license for up to a year. 

Furthermore, you may be compelled to install an ignition interlock device in your vehicle, a device that requires you to blow into it before starting your car to ensure you’re sober. Additionally, you might be ordered to enroll in a substance abuse treatment program, underscoring the seriousness with which Missouri treats DWI offenses.

The ramifications of a DWI conviction extend beyond the immediate legal consequences. You may find yourself grappling with increased insurance premiums, hindering your ability to secure affordable coverage. Moreover, your job prospects may be adversely affected, as potential employers often view a DWI conviction as a red flag. Your reputation may also suffer, potentially straining personal and professional relationships. Furthermore, obtaining certain professional licenses or traveling to specific countries may become more challenging due to your DWI record.

If you’re ever pulled over on suspicion of DWI, it’s crucial to cooperate fully with law enforcement. Provide any requested documentation and submit to breath or blood tests. Refusal to cooperate will only exacerbate the situation and could lead to more severe penalties.

If arrested, promptly seek legal counsel from an experienced attorney who specializes in DWI cases. They can guide you through the legal process, protect your rights, negotiate with prosecutors, and build a robust defense strategy, increasing your chances of a favorable outcome.

Remember, driving while intoxicated is not just a traffic violation; it’s a serious crime with potentially life-altering consequences. If you plan to consume alcohol, ensure you have a designated driver or utilize a ride-sharing service. Never put yourself, your passengers, or others on the road at risk by driving under the influence. Make responsible choices and prioritize safety above all else.

Missouri felony DWI laws

A felony DWI is a serious offense in Missouri that carries harsh penalties, including jail time, fines, and license suspension. The penalties for a felony DWI conviction depend on the number of prior convictions, the blood alcohol content (BAC) at the time of the offense, and whether or not there was a minor in the vehicle.

For example, a first-time offender with a BAC of.15 or higher will face a minimum of 48 hours in jail and a fine of up to $1,000. A second-time offender with a BAC of.10 or higher will face a minimum of 120 days in jail and a fine of up to $2,000. And a third-time offender will face a minimum of one year in jail and a fine of up to $5,000.

In addition to jail time and fines, a felony DWI conviction will also result in a license suspension of at least one year. And if there was a minor in the vehicle at the time of the offense, the driver will also face a child endangerment charge, which can carry additional penalties.

If you are facing a felony DWI charge in Missouri, it is important to contact an experienced attorney immediately. A skilled attorney can help you build a strong defense and minimize the potential penalties you face. Contact Paladin Law for help with your case.

Frequently Asked Questions

A Commercial Driver License (CDL) allows the holder to operate commercial and private motor vehicles. A DWI conviction will result in a one-year CDL revocation and impact your ability to perform your job. During this time, you may still qualify for a Limited Driving Privilege to drive a private vehicle, but you will not be given the limited privilege to drive a commercial vehicle. 

It is possible to obtain a CDL, or to reinstate a CDL, after the one-year revocation concludes. 

Need to get your CDL back after a DWI? Learn more here.

If a Missouri driver license is suspended, revoked, or otherwise not eligible for reinstatement, you may still be eligible for a Limited Driving Privilege (LDP) in specific circumstances and if you meet certain requirements. An LDP allows the holder to operate a motor vehicle in pre-approved circumstances once the requirements are met, assuming there is no other reason you are ineligible. No driver can obtain an LDP to drive a commercial vehicle. The LDP can only grant the ability to drive a private vehicle, for example, to work, school, the doctor, or court. 

You are ineligible to have an LDP approved if: 

  • You have a felony conviction involving a motor vehicle in the last five years.
  • Repeat Misdemeanor DWI Offenses.
  • The reinstatement requirements are not completed.
  • You have a CDL (the LDP can only be issued for non-commercial driving purposes).
  • You have an unsatisfied vehicle accident judgment.
  • You are suspended for failure to pay a traffic ticket.
  • Failure to comply with a court order.
  • Excessive points on your driving record

There are two ways to apply for an LDP:

First, you can submit an application to the Department of Revenue by:

  1. Complete the Form 4595 – Application for Limited Driving Privilege
  2. Ensure an SR-22 Form is on file with the DOR to establish appropriate proof of insurance
  3. If you have more than one alcohol offense or if you have an active Chemical Revocation on your driver record, you must also submit proof of the installation of an Ignition Interlock Device (IID).

Second, you can file a petition with the circuit court in the county where you live or work. If the request is granted, the court will issue a LDP order and will likely require you file the SR-22 form, install an IID, and pay court costs. 

Driving under the influence of drugs or alcohol is a dangerous and criminal decision for people of any age. In Missouri, underage driving while under the influence of alcohol or drugs will have significant consequences. You should contact an attorney immediately if facing this situation. For underage drivers, even a small amount of alcohol can cause serious consequences and impede opportunities later in life, including limiting employment and education opportunities.

Learn more about how to avoid the longterm impact of an underage DWI.

When you find yourself facing an arrest for operating a motor vehicle under the influence of alcohol (commonly referred to as a DUI or DWI), it’s essential to understand that the state of Missouri takes this matter seriously and initiates two distinct actions: (1) Criminal and (2) Administrative.

Read more about what happens to your license after a DWI.