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Missouri DWI Information
Missouri DWI Criminal Law
Penalties: imprisonment, probation, fines and court costs.
Criminal conviction of the crime 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, conviction of DWI, BAC, or DUI will result in the assessment of Points being assessed against the license of the driver convicted.
Driving While Intoxicated. RSMo §577.010.
A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition (§577.010.1).
Driving while intoxicated is for the first offense, a class B misdemeanor (§577.010.2), punishable by up to six (6) months in prison (§558.011.1(6)) and a fine of up to $500.00, not including court costs (560.016.1(2)).
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.
Missouri DWI Administrative Law
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 person arrested in Missouri for DWI or DUI also may be processed administratively by the Missouri Department of Revenue Driver License Bureau.
A person arrested for driving with a blood alcohol content of .08% or higher is subject to the imposition of administrative sanctions in addition to criminal penalties. Minors arrested or stopped with .020% or more blood alcohol content also are subject to administrative sanctions (§302.500-§302.540). For more information, visit our Administrative Alcohol Arrests page.
Suspension.
Revocation.
Administrative sanctions for driving while intoxicated include the suspension and revocation of driving privileges.
Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable cause to believe that the driver's blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors or any other driver regardless of age who broke a traffic law (§302.505). If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.
Blew over the limit.
If you blew over the legal limit (.08% for adults, .02% for minors), time is of the essence. You need a talk to a Missouri DWI lawyer now to preserve your rights. For more information, visit our Missouri DWI Administrative Alcohol Arrest Information page.
Refused to blow.
If you refused to blow, your license automatically will be revoked if you don't act quickly. You need a talk to a Missouri DWI lawyer now to preserve your rights. For more information, visit our Missouri Chemical Test Refusal page.
Points for DWI.
Point system--assessment for violation--assessment of points. RSMo §302.302.
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 (DUI) (§302.302.8). The second and all subsequent convictions for DWI, DUI or BAC result in twelve (12) points being assessed (§302.302.9).
Reinstatement.
For a driver's license to be reinstated, Department of Revenue rules requires a driver whose license has been suspended or revoked to do the follow three (3) things:
-
Complete an approved SATOP (State Alcohol Traffic Offenders Program)
- File a Form SR-22 with the Department of Revenue (proof of insurance filed by your insurance agent/company), and pay a fee to have his or her license reinstated once the suspension or revocation period has passed and the driver is eligible for reinstatement.
- Pay a reinstatement fee to the Department of Revenue
For more information, visit our Missouri DWI Administrative Alcohol Arrest Information page and our Missouri Chemical Test Refusal page.
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:
- Horizontal Gaze Nystagmus Test (HGN)
- Walk-and-Turn Test (WAT)
- One-Leg-Stand Test (OLS)
Visit our 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? Visit our Alcohol Impairment Charts page to find out.
Refuse to submit to breath alcohol testing? Visit our Chemical Test Refusal 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
Missouri's Minor in Possession (MIP) "Possession by Consumption"
Missouri's Minor in Possession (MIP) "possession by consumption" law (HCS SS SB 402) became effective on August 28, 2005. Missouri's 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)
Missouri's MIP "possession by consumption" law provides that minors (16-20 years old) who plead guilty to or are convicted of MIP shall lose their driving privileges as follows:
- 30-days driver license suspension on 1st offense MIP
- 90-day driver license suspension on 2nd offense MIP
- one-year driver license revocation on 3rd MIP or any subsequent offense.
Visit our Missouri Minor in Possession (MIP) "Possession by Consumption" Law | Driver License Suspension and Revocation page.
MO DWI Defense Lawyers| Suspension | Revocation | MIP | Abuse and Lose
Links to Missouri DWI / DUI Information
Complete List of all Missouri SATOP OMU's with Links
Missouri DWI Criminal Law
Points for Alcohol-Related Traffic Convictions
Missouri DWI Administrative Law
I am over 21 and Blew .08% or More
I am under 21 and Blew .02% or More
MIP | Minor in Possession
New Law | "Possession by Consumption"
MIssouri Abuse and Lose Law
Missouri DWI Implied Consent Law -- Do I have to blow?
Can I talk to an attorney before I blow?
What happens if I refuse to blow?
Does the stop have to be lawful for my license to be suspended or revoked?
What do I need to do for my license to be reinstated?
Alcohol Impairment Charts
Missouri Department of Revenue FAQ's
- Complete List of all Missouri SATOP OMU's with Links
- Missouri Administrative Alcohol
- Abuse and Lose
- DWI (Driving While Intoxicated) Information
- Missouri Drivers Licensing
- Missouri Traffic Tickets and the Missouri Point System
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).
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 for more information.
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.
For more information, 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
PulledOver.com | Missouri DWI / DUI Drunk Driving Defense Lawyers
Criminal and Traffic Law | Suspension | Revocation | MIP
PulledOver.com | Missouri DWI / DUI Drunk Driving Defense Lawyers
Criminal and Traffic Law | Suspension | Revocation | MIP
More Missouri DWI and Missouri DUI Information
Drivers Licensing FAQ
Abuse and Lose
Administrative Alcohol
Chemical Test Refusal
Tickets and Points
DWI (Driving While Intoxicated) FAQ
Alcohol Convictions
Administrative Alcohol Arrests
How can I get my driver license back when it is suspended/revoked under the Administrative Alcohol Law?
When will I get my driver license back?
Can I have any type of driving privilege while I am suspended/revoked?
How long do I need the SR-22 insurance filing?
Where do I get information about SATOP classes?
Will I have to retake my test?
How do I request a hearing?
What is an SR-22 insurance filing?
Why do I need to complete a SATOP, I was not convicted?
When will the administrative suspension or revocation come off my driver record?
Click Here for more info on Reinstatement Requirements and Missouri's Limited Driving Privilege.
Chemical Test Refusal Information Page
Chemical Test Refusal FAQ Page
PulledOver.com | Missouri DWI / DUI Drunk Driving Defense Lawyers
Criminal and Traffic Law | Suspension | Revocation | MIP
Abuse and Lose FAQ
Abuse and Lose Information, FAQ, and Statutes Page
How can I get my driver license back when it is suspended/revoked under the Abuse and Lose Law?
When will I get my driver license back?
Can I have any type of driving privilege while I am suspended/revoked under the Abuse and Lose Law?
What is an SR-22 insurance filing?
How long do I need the SR-22 insurance filing?
Will I have to retake my test?
Why do I need to complete a Substance Abuse Traffic Offenders Program (SATOP)?
Where do I get information about SATOP classes?
When will the Abuse and Lose action come off my driver record?
Administrative Alcohol Arrests FAQ
How can I get my driver license back when it is suspended/revoked under the Administrative Alcohol Law?
When will I get my driver license back?
Can I have any type of driving privilege while I am suspended/revoked?
How long do I need the SR-22 insurance filing?
Where do I get information about SATOP classes?
Will I have to retake my test?
How do I request a hearing?
What is an SR-22 insurance filing?
Why do I need to complete a SATOP, I was not convicted?
When will the administrative suspension or revocation come off my driver record?
Tickets and Points FAQ
Why is my driving privilege suspended?
Can I check my driver record?
When can my driving privilege be reinstated?
Do you have my SR-22 or money?
Am I eligible for a hardship license (Limited Driving Privilege)?
Where and how do I apply for a hardship license (Limited Driving Privilege)?
Where do I appeal the suspension/revocation of my driver license?
Do I have to test after I am reinstated?
How can I drive when under suspension or revocation?
Do you take credit or debit cards over the phone?
Who do I make my check out to?
Can I pay my reinstatement fee at the local license motor vehicle and driver licensing branch or fee office?
Did you receive my reinstatement requirements; i.e., fee or SR-22 filing?
Did you receive the court order to remove the ticket from my record?
Am I eligible for a Restricted Driving Privilege?
What is an SR-22 insurance filing?
Do I still need my SR-22?
How many points do I have on my record?
When can tickets be removed from my record?
What is your mailing address, where are you located? (directions to office) and what are your office hours?
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