Missouri Drunk Driving Defense Attorneys
You had a few drinks earlier in the evening and were driving home. You were pulled over by the police and asked to take a field sobriety test. You got arrested for DWI and received a notice that your driver license will be suspended or revoked.
What do you do now?
Do you understand the intricacies of Missouri DWI law?
Can you afford not to fight your DWI charges?
You need a lawyer who fights DWI convictions in Missouri.
You need a DWI attorney who will help minimize the impact of a DWI on your life. You need an experienced Missouri drunk driving defense lawyer who will to protect your rights.
DWI lawyer W. M. Thornburg and the drunk driving defense attorneys at MODWI.com are experienced criminal lawyers who successfully fight DWI convictions in Missouri.
A drunk driving arrest is not a conviction.
Contact Us now for a FREE CONSULTATION.
Get the MO DWI legal help you need. Let a top Missouri criminal defense attorney at MODWI.com protect your legal rights.
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Our MO DWI attorneys work nights and weekends responding to online MO DWI attorney contact request submissions.
Missouri Statewide: Our DWI lawyers are here for you where you need us.
Our MO DWI lawyers handle DWI cases in criminal courts across the State of Missouri.
- St. Louis, MO
- St. Charles, MO
- Jefferson County, MO
- Franklin County, MO
- Boone County, MO
- Springfield, MO
- Kansas City, MO
- Missouri statewide
Missouri DWI Law
FIRST OFFENSE DWI (Driving While Intoxicated)Conviction of a first DWI under Missouri Law (RSMo 577.010) is a Class B misdemeanor.
- JAIL: Up to a maximum of six (6) months imprisonment.
- FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.
- PROBATION: The general terms of probation are no drinking, do not break the law, complete SATOP, etc.. No driver convicted of or pleading guilty to the offense of driving while intoxicated (DWI) shall be granted a suspended imposition of sentence (SIS) for such offense, unless the driver is placed on probation for a minimum of two (2) years.
- SUSPENSION OF DRIVING PRIVILEGES: A first time DWI conviction results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available. This suspension goes on the person's driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A first conviction of DWI, DUI, or BAC will result in 8 points being assessed against the driver's license.
SECOND OFFENSE DWIConviction of a second DWI within a five year period is a Class A misdemeanor.
- JAIL: Up to a maximum of one year in jail.
- FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00.
- PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 10 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility.
- REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person's driving record. Twelve points are assessed against the driver's license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.
THIRD OR SUBSEQUENT DWI OFFENSEConviction of three or more DWI's within 10 years results may mean that the driver is deemed to be a "Persistent Offender" and guilty of a Class D Felony. There will also be a 10 year denial of driving privileges.
- JAIL: Up to five (5) years in prison.
- FINE: Up to $5,000.00, plus court costs of between $10.00 to $100.00.
- PROBATION: Missouri law prohibits a suspended execution of sentence for a felony DWI. The court may suspend execution of sentence after 10 days in jail or 60 days of community service. The defendant is then placed on a probation.
- REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI, the defendant's driver's license is revoked for 10 years regardless of how old the two prior convictions are. These suspensions go on the person's driving record. If convicted of a felony DWI, no hardship license is available. If the DWI is a third, but not a felony, a hardship license may be applied for after 3 years. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.
The arresting officer will choose what type of test to administer. Under Missouri law, however, you are allowed 20 minutes to contact an attorney about whether you should submit to a test.
You also have the right to obtain your own test of your body fluids by a physician, qualified technician, chemist, registered nurse or other qualified person after you have submitted to the officer's requested test.Contact us for a FREE consultation with a top MO DWI defense lawyer. Don't wait. The time to "lawyer up" is now!
If an administrative hearing is not requested or if a Sustain Order is issued after the administrative hearing:
- FIRST TIME FAILURE OF A TEST: For a driver with no alcohol related law enforcement contacts within the previous five years, driving privileges are suspended for 30 days followed by 60 days of Restricted Driving Privilege. The restricted license is available upon showing proof of financial responsibility (SR-22 Filing proof of insurance) before the 30 days suspension has expired. The restriction allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. The DWI administrative alcohol suspension appears on the person's driving record.
- SECOND AND SUBSEQUENT FAILURES OF A TEST: Driving privileges are revoked for one year. During an administrative alcohol DWI one-year revocation, the driver is not eligible for a hardship license.
DWI Breath Test Refusal ConsequencesIf you refused the test, immediate action must be taken to preserve your rights or your driving privileges (your driver license) automatically will be revoked for one (1) year. If it is your first offense DWI, you can't apply for a hardship license until 90 days after your DWI breath test refusal driver license revocation has begun. If you face driver license revocation as a result of a DWI breath test refusal, contact us now for a FREE consultation with an experienced Missouri DWI lawyer. Let us explain how we can help you.
Appealing an Administrative Alcohol Suspension - Trial De NovoYou have the right to appeal the administrative suspension of your drivers license to the circuit court of the county in which you were arrested for DWI. A "Trial De Novo" must be filed within 15 days of the date that the suspension was mailed by the Department of Revenue administrative alcohol hearing examiner. If an appeal is taken, the matter is heard anew by a judge. The issues are the same and the Department of Revenue has the burden of proof. Statements made under oath during the administrative hearing may be used in the Trial De Novo and in the criminal DWI case.
consult with an attorney concerning whether you are eligible for a hardship license.
Missouri Traffic Law & MIP
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Missouri Point System
3 Points: Speeding in violation of state law
8 Points: First offense DWI, DUI or BAC
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MO DWI Information
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Minor In Possession
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Under the new MO MIP law, "Possession" includes "possession by consumption" and being "visibly intoxicated."