Missouri DWI Law and Penalties

Driving is a privilege given to Missouri residents as early as 16 years old. However, when mixed with alcohol or drugs, it becomes another story. That is why; if you are going to drive, think twice before drinking.

Alcohol is not allowed until you become 21 years old. However, in many cases driving under the age of 21 is common. However 6 states in the US including Missouri have laws allowing children under the age of 21 to drink or eat food with alcohol content (rum cake and chocolate with liquor in it) as long as it is given by their parents or guardian or it is under their presence. This sort of unique exception allows parents or guardian to let non-adults have a small amount of liquor with a meal during social gatherings and/or religious activities.

In Missouri, both DUI and DWI are referred to as DWI only. Any BAC levels .02% or greater is enough to get their license to drive suspended for the first offense. Subsequent offense will result to revocation of license to drive for 1 year. DWI penalties for drivers aged 21 and older found with BAC level at .08% or more are severe. Below are penalties on instance of offenses:
First Offense

1. 8 points added to your Missouri Driving Record.
2. Jail time of up to 6 months.
3. Fines of up to $500.
4. Suspension of license to drive for 30 days
5. 60 days of restricted driving period

Second Offense

1. 12 points added to your Missouri Driving Record.
2. Jail time of up to 1 year. A minimum of 5 days served unless a community service is served for a minimum of 30 days as per court approval.
3. Fines of up to $1000.
4. Indefinite revocation of a license to drive for 1 year.
5. Denial of license for 5 years shall be sanctioned if offense is committed within 5 years after the first offense.
6. Both written and driving portions of the Missouri Driving Test are required to be taken and passed.
7. Ignition Interlock Device may be possibly required for 1 month.

Third and Subsequent Offense

1. 12 points added to your Missouri Driving Record.
2. Jail time of up to 4 years. A minimum of 10 days served unless a community service is served for a minimum of 60 days as per court approval.
3. Fines of up to $5000.
4. Denial of license for 10 years.
5. Both written and driving portions of the Missouri Driving Test are required to be taken and passed.

Whether under or over the age of 21, reinstatement of suspended and/or revoked license, will require the following:

1. Completion of Substance Abuse Traffic Offender Program or SATOP.
2. Pay reinstatement fee of $45.
3. File a proof of financial responsibility, commonly filed as SR-22.
4. Proof of installation of an interlock device for drivers who committed more than one DWI offense.

When you are read your Miranda Rights exercise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.

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This is not legal advise. We are not lawyers.  If you have a question of US law take it to a licensed attorney in your state or legal jurisdiction.