If you are charged with a DWI in Missouri, you face strict penalties, even if it is your first offense. The Missouri Department of Revenue suspends licenses of first-time offenders. However, the length of the suspension depends on whether you took or refused a breathalyzer test. Learn about the penalties, as well as your options to restore your driving privileges after getting arrested for a DWI in Missouri.
Drivers who blow an 0.08% BAC or higher will have the driving privileges suspended for 30 days and then have Restricted Driving Privileges for 60 days. Those who refuse to take the breathalyzer test and are convicted of a DWI will lose their licenses for a year. People in both situations can restore driving privileges sooner, as long as the criteria are met. Those who fail to restore their driving privileges will have to stop driving 15 days after the DWI arrest.
Drivers who refuse to take a breathalyzer test can file a Petition of Review. People only have 30 days to file the petition. The Department of Revenue acts as the prosecutor in the case. A first-time offender might be offered an SIS (suspended imposition of sentence) agreement, which means the person admits to the DWI without being convicted and losing the license. To reach an agreement, the defendant must agree to different restrictions, such as not drinking for one to two years, avoiding places that serve alcohol, and complying with all laws for two years.
Drivers who are charged with DWI after blowing 0.08% or higher can file an Administrative Review to fight the charges. The paperwork must be filed within 15 days of the DWI. For the case to be successful, the defendant must prove that there was no probable cause for the arrest, or the breathalyzer results were not accurate. For example, if the device was not properly calibrated, the defendant could win the case and have the license reinstated immediately.
Drivers might be eligible to get Restricted Driving Privileges immediately after the DWI conviction. To qualify, drivers must file a "Request for Immediate 90-Day Restricted Driving Privilege" form within 15 days of the notice to suspend the license. Drivers also must install an ignition interlock device and obtain SR-22 insurance. Then, the drivers need to file proof of installation and insurance.
Missouri takes DWI penalties seriously. If you have been convicted of a DWI, you could be forced to live without your license for months or even a year. Seek legal counsel to file a Petition for Review, an Administrative Review, or to get your restricted driving privileges. Your attorney will help you navigate the difficult process as you get closer to restoring your driving privileges.
Call us at (417) 865-2181 for more information from Dean Price Law or to schedule a consultation in our office in Springfield. NOTE: This is for informational purposes only and does not constitute legal advice.
Check out what others are saying about our services on Yelp: Read our Yelp reviews.
A criminal defense attorney is the legal professional to turn to if you have been accused of a crime. The first thing to understand is that the suspect or accused person is the defense attorney’s client; the attorney works for them. As part of due process, the defense attorney is a trusted adviser with whom…
A misdemeanor attorney can defend people charged with minor crimes. The term misdemeanor is used in the United States to broadly refer to crimes carrying a penalty of less than one year in jail. Although it is a minor crime, a misdemeanor is still an arrestable offense, which is why it is important to have…
Asking the right questions is knowing half of the answers, and a traffic offense lawyer is the person to ask if accused of any such offense in Missouri. In the U.S., traffic laws can be different from one state to another. So, asking your Missouri lawyer the right questions is critical in understanding your legal…
A felony law firm defends people charged with serious crimes. Upon making an arrest, police are obliged to inform the person of their Miranda Rights. These include the right to remain silent and the right to an attorney. This means that the arrested person is not obliged to answer any police questions until they have…
A criminal defense attorney protects the rights of the accused. From understanding your rights to…
A misdemeanor may seem minor, but it is still an arrestable offense. In Missouri, a…
Knowing the right questions to ask your traffic offense lawyer is crucial. The seriousness of…
If you are facing criminal charges, you should speak to a felony law firm immediately.…
Anyone accused of a crime needs to speak to a defense lawyer as soon as…
Being accused of a sex crime is serious, even when innocent. A sex crime lawyer…