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When faced with a Missouri DUI/DWI arrest and/or conviction, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI/DWI school or do community service? Here are the basic laws regarding Missouri DUI/DWI fines and sentencing.
First Missouri DUI/DWI Offense:
Missouri Criminal Status: Class B misdemeanor.
Jail: Up to 6 months.
Missouri DUI/DWI Fines/Costs: Not more than $500
Missouri License Suspension: 30 days.
Violation of Zero Tolerance Law: 90 day license suspension, attend DUI school and pay fines.
Missouri Conditional License: 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.
Vehicle Impound: None
Missouri DUI School: All DUI offenders must complete a Substance Abuse Traffic Offender Program before having their license reinstated and must pay for a mandatory alcohol assessment / treatment evaluation. First offenders with a high blood alcohol level may have to attend an intensive weekend intervention program. Check with the Substance Abuse Traffic Offenders Program, for more information .
Missouri Probation: At the discretion of the court.
Missouri Community Service: At the discretion of the court. None required by law.
Second Missouri DUI/DWI Offense Plus:
Missouri Criminal Status: Class A misdemeanor for 2nd offense (called a “prior offender”); Class D felony for a 3rd offense (called a “persistent offender”).
Prior Offender: Up to 1 year, with a minimum of 5 days served unless a minimum of 30 days community service is served.
Persistent Offender: Up to 4 years, with a minimum of 10 days served unless a minimum of 60 days community service is served.
Missouri DUI/DWI Fines/Costs: Prior Offender: Not more than $1,000
Persistent Offender: Not more than $5,000.
Missouri License Revocation: One year.
Missouri Conditional License: Conditional licensing may be allowed for some offenders who demonstrate undue hardship.
Vehicle Impound: None
Missouri DUI School: All DUI offenders must complete a Substance Abuse Traffic Offender Program before having their license reinstated and must pay for a mandatory alcohol assessment / treatment evaluation. First offenders with a high blood alcohol level may have to attend an intensive weekend intervention program. Check with the Substance Abuse Traffic Offenders Program, for more information.
Missouri Probation: Not allowed for prior and persistent offenders unless a minimum of 30-60 days of community service are served.
Implied Consent Law: Yes. A person will be found guilty of a class A misdemeanor for refusing to submit to a chemical test and the law enforcement officer has probable cause to believe that the driver is intoxicated and informs the driver of the penalty for refusing.
A refusal to submit to a breath test will result in an automatic one-year suspension of your drivers license.
Any subsequent violation will be a class D felony. See HB 1695 -- Driving While Intoxicated.
Missouri Community Service: 30 days for prior offenders; 60 days for persistent offenders.
Commercial Vehicle BAC While Operating a Commercial Vehicle: 0.04 BAC. One-year license suspension and fines.
Under Age: 21
Missouri Open Container Laws: Yes. Driver and passenger. 577.017
How long does a DUI/DWI stay on your driving record? A DUI/DWI in Missouri stays on your driving record for 10 years if a first offense, forever if more than one offense was received. Drivers must petition the court to have a first offense removed from their record.
Driver Responsibility Tax: N/A.
Ignition interlock device program: May be required for a first offense. It is required for a second offense for one month. The cost of the IID may be used to reduce court costs.
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