People may face Missouri DWI penalties if they are found to be driving with a blood-alcohol concentration of .08 or higher. Due to being a “per se” state, conviction does not require proof that someone’s driving was impaired, only that their BAC exceeded the legal limit. For individuals under the age of 21, the legal limit is .02 and .04 for commercial drivers. As with most other states, Missouri imposes a number of penalties on those convicted of DUIs, with the penalties increasing with the number of convictions.
Missouri uses mandatory sentencing, so if someone is convicted of a DUI, they will have their license suspended for a minimum of 30 days. Before someone is able to have their driver’s license reinstated, they must meet certain obligations, including providing an SR-22 proof of insurance form as well as paying a $45 fee. They must also have completed a Substance Abuse Traffic Offender Program. Finally, if someone’s license was suspended for more than one year, they must retake the state driver’s license exam and pay all associated fees.
1st DUI Penalties
The first time someone is convicted of a DUI, it is considered a Class B misdemeanor. Individuals will face up to six months in jail, have eight points added to their license and be required to pay no more than $500.00 in fines along with court costs that range from $10 to $100. Those who are convicted will also have their license suspended for 30 days, after which they may apply for restricted driving privileges that allow them to travel to and from work or to a treatment program. Judges may also require that individuals install an ignition interlock device on their vehicle.
2nd DUI Penalties
The Missouri DWI Penalties for a second conviction are stiffer than a first conviction. If someone is convicted of a second DUI within five years of their first conviction, their license can be suspended for up to five years, and a hardship license can only be applied for after two years of suspension. Otherwise, their license will be suspended for a year, and they will be required to install an ignition interlock device into their vehicle once their driving privileges have been reinstated.
A second conviction also carries jail time of up to one year. However, the five days jail time may be replaced by 30 hours of community service if approved by the court. Fines of up to $1,000 and court costs may be imposed, and 12 points will be added to an individual’s license.
3rd DUI Penalties
The third time someone is convicted of a DUI, they are labeled a Persistent Offender, and the charges are considered a Class D Felony. In addition to court costs and fines of up to $5,000, a person’s license will be revoked for 10 years. People may also be sentenced up to four years in jail, but if the court approves, they may be able to do 60 hours of community service in lieu of spending time in jail.