Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « What if you are arrested for DUI in Missouri?
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- If we talk about Missouri DUI, driving under the influence does not mean driving under the influence of alcohol but it refers to driving under the influence of drugs. Instead of DUI the DWI is used to refer to drunk driving, or driving while intoxicated, in Missouri. In regards to DWI conflictions the state of Missouri operates under a per se law. This law states that a person can be arrested by cops for DWI if he or she has blood alcohol content (BAC) tests at .08% or higher. This means that, although your driving might appear safe, but if there is enough alcohol in your system, you can be convicted of a DWI.
Procedure for DUI Arrest in Missouri
When you are stopped by the cops as a suspicion of DWI, the officer who has stopped you will ask you to submit to a BAC test. If you refuse to take this test, then this refusal of yours will be used against you in court. This will cause you to face tougher administrative penalties and a longer license suspension time. It is up to you that if you wish you can contact to an attorney before deciding whether or not to take the test. It is directed by the state law that you should be given 20 minutes to try to talk to a lawyer to discuss your choice.
Consequences of DUI Arrest in Missouri
As a result of a Missouri DWI arrest you will face two cases, one of them in the criminal courts and another is the administrative hearing. In case if you refuse to take the BAC test or if the results are .08% or higher, they will give you only 15 days to file the paperwork for the administrative driver’s license hearing. If you fail to do so, it will result in a loss of driving privileges. Due to this reason, it is necessary to have an attorney working on your case to ensure that you have your hearing ad complete your paperwork on time.
Consequences for First Time Offenders
If in Missouri you have been arrested for DWI case for the first time, you might face the following consequences:
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You have to spent up to 6 months in jail
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You have to spent up to $500 in fines, plus court costs
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You have to pass through alcohol assessment and screening
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You have to attend the alcohol education through the SATOP program
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You have to face probation for 2 years
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Possible ignition interlock device during probation
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If convicted 8 points will be added to your driver’s license
If you would again be arrested for DWI offenses within a five-year time period, you will face stricter consequences.
License Suspensions for Missouri DUI
In addition to the consequences that you will face in your criminal court case, you will also have to attend your administrative hearing. During this hearing, your right to drive is at risk. If you fail to attend your hearing, without any exception, you will automatically lose your license for at least 30 days. For Missouri DWI offenses typical license suspension times are as follows:
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First offenders: 90 days
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Second offenders: 5 years
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Third offenders: 10 years
If you have been caught for a first offense then you can apply for a hardship license after serving 30 days of your suspension. For second offenders the hardship license is available after two years of suspension.
The hardship license allows you to drive to and from work, school, or alcohol treatment programs. If you would refuse to take the BAC test, your license will be suspended for one year, and you can not apply for the hardship license before you have served 90 days of your suspension.
Insurance Consequences
You will need to have proof of insurance before you are granted your hardship driver’s license. This can be done when your insurance company filled out SR-22 form. However, you may find that you have lost your insurance as a result of your Missouri DWI conviction. If that does not happens and you still have your insurance coverage, then your rates will increase dramatically.
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