Being arrested for DWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DWI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DWI?
Under Missouri law, once you have been cited for violating the DWI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Missouri Department of Revenue.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Missouri law, an individual has 15 days to request a hearing from the Department of Revenue.  Once the arresting officer retains your state issued driver’s license, you are issued a “Notice of Suspension/Revocation of Your Driving Privileges” form.   This form will serve as your driver’s license in lieu of the one retained by the officer until your Administrative Hearing.  If you fail to request a hearing within 15 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Revenue within 15 days.   

DWI Penalties for First Time Offenders

Jail Time
A first time DWI offender faces up to a maximum of 6 months imprisonment.

Monetary Fines
Up to $500.00 plus court costs, which can vary between $10.00 and $100.00.

Probation
Generally, probation requires that the offender refrain from drinking, not break the law, and attend the Substance Abuse Traffic Offender Program (SATOP) for a period of 1 to 2 years. 

Driving Privileges
A DWI conviction results in the suspension of driving privileges for 30 days.  Following the 30 day suspension, the driver may receive a 60 day restriction on driving privileges.  After 90 days and upon completion of all reinstatement requirements, the driver may be eligible for a full reinstatement of driving privileges.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year.

Suspended Imposition of Sentence (SIS)
SIS is an option for those who plead guilty to the DWI offense and agree to accept responsibility for the crime, while also agreeing not to violate any additional laws for a period of 1 year.  The offender also agrees not to drink alcohol for a specified period of time, usually 1 to 2 years, and refrain from going to places which serve alcohol.  In order to insure compliance, the offender also agrees to submit to random urine testing.  SIS also requires that the offender attend SATOP class.  Should the offender successfully uphold his or her end of the bargain, the charges against the offender are dismissed at the end of the probationary period.  SIS is not considered a conviction for DWI, except in the event that the offender receives a subsequent DWI within 10 years. 

Commercial Drivers
Commercial drivers are in violation of the DWI statute with a blood alcohol content (BAC) of 0.04.  A first time DWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license. 

Alcohol Program
Successful completion of Missouri’s Substance Abuse Traffic Offender Program (SATOP) is required for reinstatement of driving privileges.  .

DWI Subsequent Offenses
Penalties are increasingly more severe for any additional DWI violations.  Due to the complexity of DWI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide through this emotionally challenging process.  Please contact Russell Powell at 816.550.3695 for an immediate, free consultation.