Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Missouri, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

[edit] REGULATIONS FOR DUI/DWI IN MISSOURI

In Missouri, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Missouri license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

[edit] ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Class B Misdemeanor and may result in imprisonment for up to 6 months and/or up to a $500 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • 8 points will be added to your driving record.
   • Your license will be suspended for 30 days.
   • You may be eligible to drive using the Limited Driving Privilege for 60 days, after the 30 days of suspension, and then become eligible to reinstate your license after 90 days, if you meet the reinstatement requirements.
2. The second offense or two offenses in five years ("prior offender") is treated as a Class A Misdemeanor and may result in imprisonment for up to one year and/or up to a $1000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • 12 points will be added to your driving record.
   • Your license will be revoked for one year.
   • If two convictions occur within five years, the driver will face a five-year license denial. You may be eligible to apply for a Limited Driving Privilege once you complete at least two years of the five-year denial period.
3. The third offense or three offenses in ten years ("persistent offender") is treated as a Class D Felony and may result in imprisonment for up to five years and/or up to a $5000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. 12 points will be added to your driving record.
5. Your license will be revoked for a year.
6. If three or more convictions occur for DWI or BAC or a combination of the two, the driver will face a ten-year license denial. You may be eligible to apply for a Limited Driving Privilege once you complete at least three years of the ten-year denial period. A circuit court order is needed after 10 years from the last county of conviction, to reinstate the license.
7. The fourth offense ("aggravated offender") is treated as a Class C Felony and may result in imprisonment for up to seven years and/or up to a $5000 fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
8. 12 points will be added to your driving record.
9. Your license will be revoked for a year.
10. "Aggravated offender" may also mean some one who has committed involuntary manslaughter or second degree murder while DUI; or launched a second-degree assault on a law enforcement officer along with one or more conviction of DWI, DUID or BAC.
11. The fifth offense ("chronic offender") is treated as a Class B Felony and may result in imprisonment between five and fifteen years. Also, if convicted for the fifth or subsequent offenses of DWI, DUID or BAC:
12. 12 points will be added to your driving record.
13. Your license will be revoked for a year.
14. "Chronic offender" may also mean some one who has committed any combination of involuntary manslaughter, second degree murder or a second-degree assault on a law enforcement officer on two or more occasions. It may also refer to some one who has committed involuntary manslaughter or second degree murder while DUI; or launched a second-degree assault on a law enforcement officer along with two or more convictions of DWI, DUID or BAC.
15. As per the "Abuse and Lose" law, the court may order a driver's license to be revoked for a year if he/she possesses or uses drugs while operating the vehicle.

[edit] ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. 2 points will be added to your driving record and your license suspended or revoked, if you are convicted under the "minor in possession/other alcohol offenses" law(trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.
2. The license may be suspended or revoked for 30 days after the first conviction, for 90 days after the second conviction, and for a full year following the third or subsequent conviction.
3. As per the "Abuse and Lose" law, the court may order a minor's license to be suspended for 90 days for the first conviction or revoked for one year for a subsequent conviction for any alcohol or drug-related offense (including possession and use) while driving; or a second offense of possessing or using alcohol by some one under 18; or for changing or lying on your driver license.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

[edit] ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. 2 points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

[edit] ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Missouri has an Administrative Alcohol Law in addition to the criminal laws against DUI/DWI. Based on this law, an officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Missouri driver license and issue a temporary 15-day driving permit, file an AIR (Alcohol Influence Report), complete a notice of license suspension/revocation based on the nature of the offense along with a Missouri Uniform Complaint and Summons, or warrant, if applicable; and send the entire set to the Department of Revenue. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous five-year driving record. If he has any alcohol related convictions or suspensions for this five-year period, his license will be revoked for one year, and if not, then it will be suspended for 30 days. You may be eligible to drive using the Limited Driving Privilege for 60 days, after the 30 days of suspension. The suspension or revocation begins 15 days after the final order of the hearing officer is mailed from the Department of Revenue. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. He will, however, have to serve the suspension/revocation until the circuit court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favour of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins on the 15th day after the arrest, and is final.

[edit] LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Revenue, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the Substance Abuse Traffic Offenders' Program (SATOP) or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $45, and maintain proof of financial responsibility for two years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 is not required for minors when they are suspended for their first offense under the zero tolerance law.
2. If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
3. You can submit the reinstatement application and fees (Monday-Friday from 7:30 am to 5:30 pm, except for state holidays) in person at :

   Driver License Bureau 
   Truman State Office Building
   301 West High Street, Room 470
   Jefferson City, Missouri    

You can also send the reinstatement package by mail to:

Driver License Bureau
P.O. Box 200
Jefferson City, Missouri 65105-0200    

[edit] ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.