Missouri DUI Penalties
June 9, 2021
Missouri DUI penalties range from manageable to severe. You not only could spend time in prison but you also have to worry about possible administrative actions the state will take against your license. My office can help you avoid "having the book thrown at you" by the court and keep your license.
For over ten years Anthony Bretz has defended clients with DUI charges in Missouri state and municipal courts. Anthony Bretz knows the Missouri DUI laws and understands the potential penalties his clients are facing. He knows what is necessary to keep you out of jail and from losing your driver's license. Remember, just because you were arrested does not mean you have been proven guilty. Protecting your rights in court requires knowledge the law and determination to do the necessary work and make the state prove its case.
Sometimes defending a DUI still ends up with a conviction. Other times, our clients choose to avoid the risk of a trial for the certainty of a plea agreement. In both situations, we will use our experience and knowledge of Missouri DUI penalties to lessen your punishment and protect your rights. Sometimes this is accomplished through aggressive filing and arguing of motions in court to get wrongfully obtained evidence thrown out.
The law is always changing and having an attorney who does not keep up with it can cost you your freedom and license. Anthony Bretz makes it a point to stay up-to-date on the latest developments in Missouri DUI laws and penalties. Studying the latest changes in Missouri DUI laws permits our firm to defend your rights using the latest information and proven defenses.
Criminal Consequences
One result stemming from an arrest for a DUI is the criminal prosecution that follows. Whether it be a State, County or Municipal prosecutor who files charges, you will need an experienced and qualified attorney to represent you to ensure that your rights are prioritized. Remember, the police and the prosecuting attorneys' jobs are to enforce the law; they are not on your side and do not have your interests at heart.
Many people ask, “What happens when you get a DUI for the first time?” or, “How much jail time for a second DUI?”
Many people who find themselves being charged with a DUI wonder how much jail time they will get for a third DUI, or what happens when you get a DUI for the first time? Listed below are the possible different classifications of DUI a person can be charged with for their first DUI or their 6th DUI.
DWI or DUI charges in Missouri can either be filed as Misdemeanors or Felonies depending on the circumstances and whether you have any prior DUI's. Both types of charges are serious and can result in a conviction and time spent behind bars, a fine or both.
In Missouri DUI Penalties Depend on The Circumstances and Whether You Have Any Prior DUI Charges.
If You Are Facing a First DUI in Missouri, Then You Could Face the Following DUI Penalties:
A Class B misdemeanor criminal record.
From one day to six months in jail, this can often be exchanged for an increased fine.
Loss of your license for 90 days, though a Restricted Driving Privilege can be obtained.
Fines up to $1000 and Court Costs.
Two years of Probation with fees.
SATOP completion (DUI class).
Victim Impact Panel (VIP) completion.
40-50 hours of Community Service.
For more information on Missouri DUI penalties for a First DUI click here.
If You Are Facing a Second DUI in Missouri, Then You Could Face the Following DUI Penalties:
A Class A misdemeanor criminal record if you have been classified as a Prior DWI offender, or a person under the age of 17 is present in the vehicle.
From a minimum of ten days to one year in jail, this can often be exchanged for community service.
Loss of your license for 1 year or 5 years, though Limited Driving Privilege can often be obtained.
Ignition Interlock Device on your vehicle.
Fines up to $2000 and Court Costs.
Two years of Probation with fees, after serving 10 days in jail.
SATOP completion (DUI class).
Victim Impact Panel (VIP) completion.
30 days of Community Service.
Continuous Alcohol Monitoring.
For more information on Missouri DUI penalties for a Second DUI click here.
If You Are Facing a Third DUI in Missouri, Then You Could Face the Following DUI Penalties:
A Class E felony criminal record if you have been classified as a Persistent DWI offender, or while driving while intoxicated, you act with criminal negligence to cause physical injury to another person.
From a minimum of 30 days to one year in jail or up to four years in prison; this can often be exchanged for community service.
Loss of your license for 10 years.
Fines up to $10,000 and Court Costs.
Five years of Probation with fees, after serving 30 days in jail.
SATOP completion (DUI class).
Victim Impact Panel (VIP) completion.
60 days of Community Service.
For more information on Missouri DUI penalties for a Third DUI click here.
If You Are Facing a Fourth DUI in Missouri, Then You Could Face the Following DUI Penalties:
A Class D felony criminal record if you have been classified as an Aggravated DWI offender, and either while driving while intoxicated, you act with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel, or you act with criminal negligence to cause serious physical injury to another person.
From a minimum of 60 days to one year in jail or one year to seven years in prison.
Loss of your license for 10 years.
Fines up to $10,000 and Court Costs.
Five years of Probation with fees after serving 60 days in jail.
SATOP completion (DUI class).
Victim Impact Panel (VIP) completion.
Community Service.
For more information on Missouri DUI penalties for a Fourth DUI click here.
If You Are Facing a Fifth DUI in Missouri, Then You Could Face the Following DUI Penalties:
A Class C felony criminal record if you have been classified as an Chronic DWI offender, or either while driving while intoxicated, you act with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel, or you act with criminal negligence to cause death to another person.
From a minimum of two years in prison if granted probation, or three years to ten years in prison.
Loss of your license for 10 years.
Fines up to $10,000 and Court Costs.
Five years of Probation with fees after serving 2 years in prison.
SATOP completion (DUI class).
Victim Impact Panel (VIP) completion.
Community Service.
For more information on Missouri DUI penalties for a Fifth DUI click here.
If You Are Facing a Sixth DUI in Missouri, Then You Could Face the Following DUI Penalties:
A Class B felony criminal record if you have been classified as an Habitual DWI offender, or while driving while intoxicated, you act with criminal negligence to cause death to a law enforcement officer or emergency personnel; or while driving while intoxicated, you act with criminal negligence to cause the death of any person not a passenger, including the death of an individual that results from your vehicle leaving a highway or the highway's right-of-way; you act with criminal negligence to cause the death of two or more persons; or you act with criminal negligence to cause the death of any person while your blood alcohol content is at least eighteen-hundredths of one percent by weight of alcohol in your blood.
From a minimum of two years in prison if granted probation, or five years to fifteen years in prison.
Loss of your license for 10 years.
Court Costs.
Five years of Probation with fees after serving 2 years in prison.
SATOP completion (DUI class).
Victim Impact Panel (VIP) completion.
Community Service.
For more information on Missouri DUI penalties for a Sixth DUI click here.
If You Are Facing a Seventh DUI in Missouri or More, Then You Could Face the Following DUI Penalties:
A Class A felony criminal record if you have been classified as a Habitual DWI offender and already have been convicted as a Habitual DWI offender.
From a minimum of two years in prison if granted probation, or ten years to thirty years in prison, or life imprisonment.
Loss of your license for 10 years.
Court Costs.
Five years of Probation with fees after serving 2 years in prison.
SATOP completion (DUI class).
Victim Impact Panel (VIP) completion.
Community Service.
For more information on Missouri DUI penalties for a Seventh DUI click here.
Other consequences from conviction include the possible loss of your driving privileges due to points being assessed against your driver's license as a result of the conviction (note: this is separate from the administrative suspension/revocation discussed more fully below); higher car insurance rates, possible employment difficulties, etc.
Whether it is your first DWI or 5th, this is a serious matter and you need an experienced attorney at your side aggressively representing you. Anthony Bretz has the experience, the knowledge of relevant laws and legal decisions, as well as the Missouri DUI penalties, and the drive to get the best possible results for you.
Administrative Consequences
You 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.
Following your arrest for DWI or DUI, the Department of Revenue (DOR) will suspend or revoke your license for up to a year for a first-time offender. You will be provided a Temporary 15-Day Driving Permit that will permit you to drive after your arrest for 15 days, after which your driving privileges will be suspended unless you act. Depending on whether you refused to breathalyzer, or otherwise provide a sample, or not you will be able to challenge the DOR's suspension of your driving privileges in Civil Court or in an Administrative Hearing.
Did You Blow?
If you submitted to a chemical test, i.e. you provided a breath sample, then the prosecution will have a record of your Blood Alcohol Content (BAC) which can, and will, be used against you in both the Criminal and the Civil proceedings. If you are found to have a BAC of 0.08% (for those 21 and over or 0.02% for those under 21) you will be served a notice of loss of your driving privileges pursuant to RSMo 302.505. You will have 15 days after receiving this notice in which to file a request with the DOR for an Administrative Hearing to be held before an officer of the DOR.
At this hearing you or your lawyer will be able to challenge the Department's evidence against you, which includes the BAC results, and request that the suspension of your driving privileges be set aside and your driving privileges fully reinstated. As an experienced attorney, Anthony Bretz will challenge the evidence and preserve your ability to drive.
If you blow into a breathalyzer, then the State will have a record of your Blood Alcohol Content (BAC) which it will use against you in both the Criminal and the Civil proceedings.
There are two issues to be determined at an Administrative Hearing: whether a preponderance of the evidence shows that you were 1) arrested upon probable cause to believe that you were operating a motor vehicle, and 2) driving with a BAC of 0.08% (0.02% if under 21 years of age). This is a very easy burden for the DOR to overcome but an aggressive attorney on your side can still prevail and prevent the suspension/revocation of your license, often times by challenging the BAC results themselves and having them thrown out.
Did You Refuse to Blow?
If you refuse a Breathalyzer, then your driving privileges will be immediately revoked for a period of one year, unless you act quickly. The Missouri Implied Consent law permits an officer to request a test of a person's breath, blood, saliva or urine. Following your arrest for a DWI or DUI, and your refusal to provide a sample, you will be issued a notice of your right to file a Petition For Review (PFR); and provided a Temporary 15-Day Driving Permit, after which your driving privileges will be revoked for one year unless during that initial 15 day period you or your attorney file a PFR to challenge the revocation of your license.
Your PFR must be filed in the Circuit Court of the County where you were arrested. As with the Administrative Hearing, you or your attorney will have the opportunity to challenge the Department's evidence against you, except this time you will be in a court of law before a DWI Commissioner or Judge. Anthony Bretz will challenge the DOR's evidence and cross-examine their witnesses in order to get your revocation be set aside and have your driver's license fully reinstated.
Missouri law sets forth three issues to be determined at a breathalyzer refusal revocation trial:
Whether the person was arrested or stopped;
Whether the officer had:
Reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated or drugged condition; or
Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or
Reasonable grounds to believe that the person stopped, being under the age of twenty-one years, was committing a violation of the traffic laws of the state, or political subdivision of the state, and such officer had reasonable grounds to believe, after making such stop, that the person had a blood alcohol content of two-hundredths of one percent or greater; and
Whether the person refused to submit to the test.
Abuse and Lose
For those under the legal limit to possess or consume alcohol, an additional penalty may apply. If you are under 21 years of age the court may order your driving privilege be suspended for 90 days (for a first offense) or revoked for one year (for a subsequent offense) for any one of the following reasons:
Any alcohol-related traffic offense.
Any offense involving the possession or use of alcohol while operating a motor vehicle.
Any offense involving the possession or use of drugs.
Any offense involving the alteration, modification, or misrepresentation of a driver license.
A second offense involving the possession or use of alcohol by someone under 18 years of age.
If you are 21 years of age or older the court may order your driving privilege be revoked for one year for possession or use of drugs while driving.
Having an attorney on your side who is familiar with the Missouri DUI penalties is your best bet to winning your case or minimizing the consequences should you choose to negotiate a plea deal. Anthony Bretz has devoted his time and practice to keeping up-to-date on developments in Missouri DUI law and aggressively representing his clients in court. He has a proven track record of success. Contact us today to and we will start fighting for your rights now.