Driving While Intoxicated
St. Louis DWI/DUI Attorney
Have you recently been arrested for driving under the influence of alcohol or drugs? If so, it's critical that you contact a St. Louis DWI lawyer from The Sumner Law Group as soon as possible. Once you've been arrested for DWI, you have just 15 days from the date of your Notice of Suspension/Revocation to request an administrative hearing. This hearing is your only opportunity to fight your license suspension/ revocation. If you fail to schedule this hearing during the 15 day allotted time limit, then you lose your right to challenge your license suspension permanently.
Under Missouri law and across the United States it is against the law to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. For commercial drivers that number goes down to .04% and for drivers under 21 the threshold is set at .02%.
When a driver is arrested for DWI in Missouri, there are two sections of Missouri law that governs the arrest and suspension/revocation of their driving privilege: criminal alcohol law and administrative alcohol law. Criminal alcohol law deals with the ticket issued; when a driver is convicted of an alcohol offense, the court will send a copy of the conviction to the department and proper points will be assessed to that person's driving record. As a result, that person's driving privilege may be suspended or revoked due to an accumulation of points
Administrative alcohol law initiates the suspension or revocation of the person's driving privilege when their blood alcohol level (BAC) is over the legal limit. This is an automatic suspension or revocation, unless the driver appealed it at the Administrative Hearing or Trial DeNovo process.
First DWI Conviction
Alcohol convictions are covered under: 302.302, 577.010, and 577.012, RSMo. When a Missouri driver is convicted of DWI, points are added to their driving record for both alcohol and drug-related traffic convictions. The penalties for a first-time DWI, DUID, or BAC conviction results in the following:
- A 90 day suspension; however, after the first 30 days of the suspension the driver may receive a 60-day Restricted Driving Privilege (RDP).
- A commercial driver convicted of driving with a BAC of .04% will be assessed 2 points and disqualified from driving a commercial vehicle for 12 months.
- Up to 6 months in jail
- Up to $500 in fines
Second DWI Conviction
A driver convicted of a second alcohol or drug-related offense, regardless of the time between convictions will face the following penalties:
- A one year driver's license revocation for accumulation of points
- A driver convicted of a second time alcohol or drug-related DWI within 5 years may also receive a 5-year driver's license denial
- Up to 12 months in jail
- Up to $1,000 in fines
- Minimum 30 days of community service
Third DWI Conviction
A subsequent offense escalates to a class D felony. Penalties for this kind of offense include:
- 12 points added to your driving record
- License denial for 10 years
- Jail for up to 4 years
- Fine of up to $5,000
- Community service of at least 60 days for probation
- Retake and pass the written and driving sections of the Missouri Driving Test
Implied Consent Law
Under Missouri's implied consent law, all drivers are required to submit to an alcohol and/or drug test when a law enforcement officer requests them to do so. If the driver refuses to submit to a blood, breath, or urine test, then their driver's license will be automatically revoked for one full year regardless if they were in fact driving under the influence of drugs or alcohol.
Ignition Interlock Requirement
If you have more than one conviction for an alcohol offense or if you have an alcohol or drug test refusal on your record, then in order to reinstate your license you will need to show proof that you installed an Ignition Interlock Device (IID). Generally, the installer of the IID will notify the Missouri Department of Transportation after the installation has been completed. The IID must be certified by the Missouri Department of Transportation and one must be installed on all vehicles that you operate. Once installed, you must maintain the device for a period of six months from your reinstatement date.
Under 21 DWI
For drivers under the age of 21, the court may order that any underage driver have his or her driving privilege suspended for 90 days for a first offense, or revoked for one year for a second or subsequent offense for the following offenses:
- Any type of alcohol-related traffic offense (DWI)
- Any offense involving either the possession or the use of alcohol while driving
- Any offense involving the possession or use of a controlled substance (drugs)
- Any offense using a fake I.D. or altercation or misrepresentation of a driver's license
- A second offense associated with possessing or using alcohol by someone under the age of 18
Note: The court may order that anyone under the age of 21 or older have their driver's license revoked for one year for the use or possession of drugs while driving.
Challenge Your DWI Charges!
If you have been arrested for drunk driving, protect your driving record, your insurance and your reputation by hiring a DWI attorney from the Sumner Law Group. Our legal team is fearless and aggressive when it comes to litigation. We will stop at nothing to defend you from suffering the penalties of a DWI conviction. Contact a St. Louis DWI attorney from the firm today!
View the firm's profile at FindaDUIAttorney.com.