New Missouri law gets tougher with persons on DWI probation

The State of Missouri has passed a new law that makes it more difficult for Driving While Intoxicated defendants still on probation.

The new law, recently signed by Gov. Jay Nixon, makes it more difficult for people already convicted of a DWI to get their full driving privileges back. People convicted as a first time offender are allowed their license back but must use an ignition interlock device for six months on their vehicle. The device requires a driver to blow through a tube into a machine that measures blood alcohol content.

When a person’s blood alcohol content exceeds .08 or tampers with the interlock device during their six-month period, they must keep using the device for an additional six months, according to current law.

The state`s new law mandates another three months of restricted driving if someone blows over the legal limit of .08 in their last three months on probation. In effect, this means a person must not have any violations in their last three months of probation in order to get their driving privileges reinstated.


Penalties for DWI are stiff in Missouri. If arrested and convicted of DWI, a person must face penalties from both the court and the Missouri Department of Revenue. The latter is known as an administrative proceeding. One can possibly see jail time, fines, driver’s license revocations, and mandated completion of alcohol treatment programs.

In Missouri, a DWI is defined as driving with a blood alcohol concentration (BAC) of 0.08% or more; 0.04% or more in a commercial vehicle; and 0.02% or more if you are a minor.

Depending on your offense, the arresting officer or judge can charge you with a DWI even if you are driving with a BAC less than the above limits.


When you are arrested on suspicion of a DWI, your MO driver’s license will be suspended.

You will have 15 days after receiving your Notice of Suspension/Revocation of Driving Privilege (Form 2385) to contest your driver’s license suspension. You can use the form to either request a hearing or restricted driving privileges.

If the MO DOR administrative suspension decision is upheld, your driver’s license may be suspended for 90 days, if you have no prior DWI offenses. If it is your second conviction, you can be suspended for one year. If you have a second conviction within 5 years, your driver’s license can be denied for up to 5 years. If you refuse a BAC test, your driver’s license can be suspended for 1 year.

For more information, contact us at Our lawyers can help you get on top of your DWI, but time is of the essence. Act now.

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