Second Missouri DWI
June 9, 2021
RECENTLY ARRESTED FOR A SECOND DWI?
An arrest for a second Missouri DWI can be overwhelming. You're afraid of what's going to happen: Will I lose my job? Will I lose my license? Will I go to jail? Even though a second DWI carries harsher consequences than a first, a trained DWI Attorney can help you avoid the worst punishments. This is why it is important to hire an attorney who specializes in DWI Defense who can often get the charge reduced or dismissed.
**You ONLY have 15 days to file a Request for an Administrative Hearing or a Petition for Review in order to prevent your driver's license from being suspended or revoked.**
Whether your case is pending in a Municipal Court or a Circuit Court, you need an aggressive St. Louis DWI Defense Lawyer like Anthony Bretz to represent you before your first court date.
What Happens if You Get 2 DWIs in Missouri?
When you are arrested with a 2nd DWI offense in Missouri, the Prosecutor will determine how to file the charge based on your previous DWI. In Missouri, for criminal charges, there is a 5-Year look back period that determines whether your 2nd DWI is subject to the enhancement provisions of Missouri DWI law. Whether it is or not determines the severity of the potential range of punishment you could face if convicted.
5-Year Look Back Period for DWIs
Under Missouri's DWI Enhancement provisions, if your 2nd DWI falls within the 5-Year look back period, then the DWI can be charged as a Class A Misdemeanor. Otherwise, it would be treated the same as a First DWI, or Class B Misdemeanor. This only applies to the criminal proceedings and not to your civil case dealing with your driving privileges.
If your arrest for a second DWI occurs within five years of your first DWI, then you can be charged as Prior DWI offender, which makes it a Class A Misdemeanor offense. This increases the protential range of punishment from 1 day to 6 months in jai to a minimum of 10 days in jail and up to one year. The 10 days can often be exchanged for community service.
Increased License Repurcussions
A second DWI can result in the loss of your driving privileges via a criminal conviction, through points, or via an administrative action; additionally. You could even wind up having to serve BOTH suspensions back-to-back.
A conviction for a second DWI is subject to a 1-year revocation of your driving privileges for points. If this is your second conviction for DWI within 5 years, then your license is subject to a 5-Year Denial. You'll also have to complete SATOP, install an Ignition Interlock Device (IID), and have to retake the written and driving portions of the Driver Exam. Hiring a St. Louis DWI Administrative Attorney gives you the best chance at keeping your license by challenging a breathalyzer refusal revocation or the BAC revocation.
You only have 15 days to file a Request for an Administrative Hearing or a Petition for Review in order to prevent your driver's license from being suspended or revoked. Contact Bretz Legal now for a Free Case Evaluation.
Increased Costs
Aside from the increased in punishments for the criminal and license cases, a second DWI can also result in a higher, more expensive and time-consuming SATOP assignment. Additionally, your attorney's fees will be more and you may incur daily costs for continuous alcohol monitoring.
For more information on the range of potential penalties for a Second Missouri DWI offense, please see our Missouri DWI Laws page.
Second DWI Lawyer
When it comes to a Second DWI, there is no time to waste. The stakes are higher. Protect your freedom and your license now by contacting an experienced DWI Defense lawyer. With over 17 years of experience helping clients fight DWIs, Anthony Bretz will personally give your case the skilled attention and agressive defense it deserves. He gives as much effort in yoru license case as he does in the criminal, as both are important. Contact Bretz Legal now to get an experienced St. Louis DWI Lawyer working on your case.