What Are the DWI & DUI Laws in Missouri?

It is a crime in Missouri to drive under the influence (DUI), also referred to as driving while intoxicated (DWI). The law in Missouri states that:

• Motorists are prohibited from operating or being in actual physical control of a motor vehicle with a blood alcohol concentration (BAC) of .08% or more
• The illegal BAC threshold is lowered to .04% or more for commercial drivers 
• It is illegal to possess a BAC of .02% or more for drivers under the age of 21
• It is also illegal to operate a vehicle while in an intoxicated condition, whether that be under the influence of any combination of alcohol or drugs (DWI)

Be aware that it is possible to be charged with a DWI even if you are not driving the vehicle. Merely being in a position to restrain, regulate, or otherwise operate a vehicle’s movements (“being in actual physical control” of a vehicle) is sufficient for a DWI charge.

Understanding these technicalities can help drivers prevent wrongful charges. Knowing your rights and responsibilities on Missouri roads could be the key to avoiding severe legal consequences. Every driver should be aware of these laws as they provide insight into the state's objectives regarding road safety and order.

Penalties Upon Conviction

The penalties for DUI depend on how many prior offenses the defendant has. The sentencing ranges include the following:

• 1^st offense – up to 6 months in jail; up to $1,000 in fines; 30 days of license suspension; use of ignition interlock device (IID) if defendant obtains a restricted license
• 2^nd offense – up to 1 year in jail; up to $2,000 in fines; 1 year of license revocation (5 years if the prior offense occurred within 5 years); at least 6 months of IID use
• 3^rd offense – up to 4 years in jail; up to $10,000 in fines; 10 years of license revocation; at least 6 months of IID use

Note that Missouri also implements “implied consent” laws that require all drivers lawfully arrested for a DUI to submit to a blood, breath, urine, or saliva test. Those who refuse testing will face 1 year of license revocation, as well as a 6-month IID use requirement. This penalty is in addition to the penalties that may be issued for the DUI conviction.

These rules underline the consequences of impaired driving and highlight the enforcement measures the state enacts to maintain public safety. For drivers facing these charges, strategies can be pursued to challenge BAC results or demonstrate mitigating circumstances, making seasoned legal counsel invaluable.

If you have been accused of driving under the influence in Missouri, contact Kranitz, Sadoun & Carpenter, PC for legal help immediately. The sooner we get started on your defense, the stronger we can make your situation. We will combine our firm’s 100 years of professional knowledge and our strategic attorneys’ drive for innovation to craft a unique and compelling defense. Jail time, fines, and license suspension may be daunting, but remember that a charge does not equate to a conviction; don’t face your charge without putting up a robust defense with a DUI lawyer in St. Joseph.

Common Defense Strategies for DUI/DWI in Missouri

Defending against DUI or DWI charges in Missouri involves several strategies, tailored to the unique aspects of each case. A common approach includes challenging the accuracy and administration of breathalyzer tests. Factors such as improper maintenance, calibration issues, or operator errors can all invalidate results, giving rise to reasonable doubt. Legal defenses can also scrutinize the legality of the initial traffic stop — if the stop lacked probable cause, any further gathered evidence may be inadmissible in court.

Additionally, attorneys may investigate whether your constitutional rights were violated, particularly about sobriety checkpoint protocols, Miranda rights, or unlawful search and seizure. Building a robust defense often involves a detailed examination of arrest records, witness statements, and corroborating evidence. Through diligent preparation, defendants can be better positioned to achieve favorable results, showcasing the importance of experienced legal representation in navigating Missouri's DUI and DWI legal landscape.

FAQ Section

What Are the First Steps After a DUI Arrest in St. Joseph?

After a DUI arrest in St. Joseph, it's critical to understand your legal rights and act promptly. Start by contacting a knowledgeable dui attorney St. Joseph who can offer immediate advice. Next, remember that Missouri's implied consent law may impact your driving privileges, so you should act quickly to request an administrative hearing if you aim to contest any suspension. It's crucial to document and recall details about your arrest, including where you were, what you were doing, and the behavior of the officer, as these details can be relevant later in your defense.

How Can an Attorney Assist Me with My DUI Charge?

An attorney can provide invaluable guidance through each phase of your DUI case. From examining arrest procedures for rights violations to evaluating breathalyzer and field sobriety test issues, legal counsel is instrumental in identifying weaknesses in the prosecution's strategies. An attorney can bargain with prosecutors for charge reductions or alternative sentencing options, such as substance abuse treatment programs. Legal representation is your best chance to limit the potential impacts on your record, employment, and personal life.

Are There Alternatives to Jail Time for DUI Convictions in Missouri?

Yes, several alternatives to jail time may be available for DUI convictions in Missouri, particularly for first-time offenders or lower-level cases. Options like probation, community service, alcohol education classes, and ignition interlock devices are often considered. Courts might also explore options such as deferred prosecution programs, which can allow for charges to be dismissed upon successful completion of specific terms. Discussing your situation with a qualified dwi attorney St. Joseph is essential to explore these alternatives and make informed decisions.

What Should I Know About the SR-22 Requirement After a DUI in Missouri?

The SR-22 requirement is a mandate for drivers convicted of a DUI to obtain special high-risk insurance coverage and demonstrate financial responsibility. This can affect your insurance rates significantly. The SR-22 is typically filed by your insurance provider for a specific period, usually three years, but if your insurance policy lapses, the insurer will inform the DMV, potentially suspending your license. Meet with your attorney to understand how to comply with this requirement and mitigate its impact on your financial and driving situation.

Will My DUI Case Go to Trial?

Whether a DUI case goes to trial can depend on various factors, including the presence of disputable evidence or unreliable testing procedures. Many DUI cases are resolved before reaching trial through plea bargains or legal motions that could result in dismissal or reduction of charges. Your decision, guided by your DUI defense attorney St. Joseph's advice, will be pivotal in determining whether to pursue the trial actively or seek an equitable resolution outside of court. A comprehensive legal evaluation is crucial to make this choice compellingly based on your situation.

Contact our trusted DUI defense lawyer in St. Joseph at (816) 551-2482 to schedule a confidential consultation.