When an individual is stopped or arrested upon probable cause that they were driving a vehicle while their blood alcohol level was over the legal limit, two separate sections of Missouri law govern the arrest and suspension or revocation of your driving privileges:
(1) Criminal Law
This law deals with the ticket or citation that was issued and filed by the State or City Prosecuting Attorney. If you are convicted of an alcohol offense, the Court sends a copy of the conviction to the Department of Revenue, and the proper points are assessed to your driver record. As a result of the point assessment, your driving privilege may be suspended or revoked.
(2) Administrative Law
This law imposes a separate suspension or revocation of the driving privilege if your blood alcohol content (BAC) level is over the legal limit or you refuse the BAC test(s). A refusal results in an automatic suspension or revocation.
However, in either case, you are entitled to an Administrative Hearing before the suspension or revocation period begins. You have 15 days from the date the Notice of Suspension/Revocation of Driving Privilege is issued (generally the day you were issued the ticket) to request an Administrative Hearing. If requested, a hearing is scheduled by the Department of Revenue (in-person or may be held by telephone). This is a critical part of the process and you only have fifteen (15) days to act, so time is of the essence and you should not delay in contacting counsel.
What are the penalties for DWI?
|1st Offense||2nd Offense||3rd Offense|
|Jail||Up to 6 months||Up to 1 year||Up to 4 years|
|Fines and Penalties||Up to $500||Up to $1,000||Up to $5,000|
|License Suspension||30 days||1 year||10 years|
|IID* Required||Possible||Possible after 1 year||Yes|
*Ignition Interlock Device
What are the Blood Alcohol Content Limits?
|21 or older||.08%|
If you find yourself with a ticket for Driving While Intoxicated, contact Rouner Law Office for a free consultation to review your options.
Disclaimer: Rouner Law Office LLC tries to keep the information provided herein up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, Rouner Law Office LLC recommends that you contact our office so that we may review your individual case/facts.
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