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Understanding Missouri DUI Laws and Penalties
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Understanding Missouri DUI Laws and Penalties
Getting arrested for DUI can be scary. The laws are complicated, and the penalties can be severe. This article will help explain Missouri’s DUI laws, penalties, and defenses in simple terms so you understand your situation.
The Basics of Missouri DUI Law
In Missouri, it’s illegal to drive with a blood alcohol concentration (BAC) of .08% or higher. This is called DUI (driving under the influence). You can also be charged with DWI (driving while intoxicated) at lower BAC levels if your driving is impacted. The penalties get harsher as your BAC increases.
For first offenses, you may face up to 6 months in jail. Fines, license suspension, alcohol classes, and ignition interlock devices are also common. Penalties get worse for repeat offenses within 5 years. Your prior record, BAC level, if anyone was hurt, and other factors impact your sentence.
Even first-time DUIs are serious. Let’s break down Missouri’s DUI laws and penalties in more detail so you understand what you’re up against.
Missouri DUI Laws
Missouri has two main drunk driving offenses – DUI and DWI:
- DUI – Operating a vehicle with a BAC of .08% or higher. This is a “per se” offense, meaning the BAC alone establishes guilt. No other evidence of impairment is needed.
- DWI – Driving while intoxicated, which occurs when your drinking makes you unable to safely operate a vehicle. A BAC below .08% can still get you charged with DWI if you fail field sobriety tests.
In addition to DUI and DWI, you can be charged with other offenses like:
- Driving with Any Measurable Amount of a Controlled Substance – Illegal and many prescription drugs.
- Underage DUI – Drivers under 21 with a BAC of just .02%.
- Boating While Intoxicated – Operating a boat while impaired.
These laws apply anywhere you operate a motor vehicle, including public roads, private property, parking lots, etc. DUI charges can’t be dropped just because you were on private property.
Implied Consent Law
By driving in Missouri, you automatically consent to take a chemical BAC test if arrested for DUI. This is known as “implied consent.” Refusing the test brings severe penalties, including mandatory license revocation for 1 year.
You can choose a breath, blood, or urine test. Breath is most common since results are immediate. Blood tests are more accurate but take longer to get results. Urine can only detect drug intoxication, not alcohol.
Before deciding, consult a DUI lawyer. There are pros/cons to each option depending on your situation.
Missouri DUI Penalties
DUI penalties get progressively worse with each offense. Even first DUIs bring harsh consequences in Missouri. Some key penalties include:
Fines
Fines up to $1,000 plus court costs for first offense DUIs. Fines increase dramatically for repeat offenses within 5 years.
Jail Time
Up to 6 months jail for first DUI offense. Minimum 5 days jail or 30 days house arrest for BAC .15% to .20%. 10 days jail mandatory for BAC over .20%. More jail time added for repeat DUIs.
License Suspension
30-day license suspension for first DUI offense. 1-year revocation for BAC over .08% or refusing test. 5-year license denial for repeat offenses. Hardship licenses are available but require an ignition interlock device.
Alcohol Classes
Completion of a state-approved DUI education program required. You pay the costs.
Ignition Interlock
Ignition interlock devices required on all vehicles you operate, including work vehicles in some cases. Costs around $70 per month.
These penalties apply to first DUI offenses with no prior record. Penalties get significantly worse if you have prior DUIs within 5 years or other aggravating factors.
Aggravating Factors
Missouri courts can enhance DUI penalties if any of these aggravating factors are present:
- High BAC – .15% or above
- Repeat DUI Offenses – Within 5 years
- Excessive Speed – 20+ mph over limit
- Accident – If DUI caused an accident
- Injury/Death – If anyone was hurt or killed
- Child Endangerment – Minor in the vehicle
- Other Serious Traffic Offenses – Like reckless driving
These factors can increase jail time, fines, license suspension, and other penalties. They may even cause a misdemeanor DUI to become a felony.
Underage DUI Laws
Drivers under 21 face harsher Missouri DUI laws:
- BAC Limit .02% – Not .08% like for adults.
- Zero Tolerance – Any detectable alcohol in system is DUI.
- License Revocation – 90 days to 1 year, even on first offense.
The zero tolerance policy means drivers under 21 should never drink any alcohol before driving. A single beer can put you over .02% BAC.
Missouri DUI Defenses
There are many ways to challenge DUI charges and seek reduced penalties in Missouri. Some common defenses include:
Invalid Traffic Stop
If police lacked valid reasons to pull you over, evidence from the invalid stop may be excluded. DUI charges could be reduced or dismissed as a result.
Faulty Breath Test
Breathalyzers can produce inaccurate BAC results if improperly administered. We can dispute faulty breath test results.
Rising Blood Alcohol
Your BAC continues rising after you stop drinking. We can argue your BAC was below legal limits when driving.
Medication Interactions
Some medications like cough syrup can cause false high BAC levels. This can show you weren’t as impaired as your BAC suggests.
Medical Conditions
Conditions like diabetes or acid reflux can mimic signs of impairment during field sobriety tests.
An experienced DUI lawyer can review the details of your case and build the best defense strategy.
Missouri DUI Lawyer Help
As you can see, Missouri DUI charges shouldn’t be taken lightly, even for first-time offenses. The laws are complex and the penalties are severe.
Having an experienced Missouri DUI defense lawyer is crucial. We understand the technicalities of Missouri’s laws and all potential defenses. Our sole focus is defending people accused of DUI. We know which strategies work best for different situations.
Don’t leave your fate to chance. The stakes are too high. Let us fight to achieve the best possible outcome in your case. We handle everything from reviewing evidence, negotiating with prosecutors, and defending you in court. Our goal is having charges reduced or dismissed so you can move on with your life.
DUI arrests are scary. Missouri’s laws are tough. But you are not alone in this fight. Contact our office 24/7 for a free case evaluation. An experienced DUI lawyer can fully explain your options and start building your defense for a positive outcome.
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