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Driving While Intoxicated

Criminal and Administrative Law in Missouri

If you have been charged with DWI in Missouri, you need an attorney to protect your rights. 

The DWI information and links on this page will help you begin to understand some of the serious issues you face and help dealing with them (links to all approved MO SATOP OMU's).


Criminal DWI

Penalties:  imprisonment, probation, fines and court costs.

Criminal conviction of the crime of DWI (Driving While Intoxicated) in Missouri is punishable by imprisonment, the imposition of fines, and the assessment of court costs.

Administrative DWI

Sanctions:  Driver license suspension and revocation; SATOP and SR-22.


Separate and apart from the criminal charges that may arise out of being arrested for DWI (Driving While Intoxicated) or DUI (Driving under the Influence), a person arrested in Missouri for DWI or DUI also may be processed administratively by the Missouri Department of Revenue Driver License Bureau. 

Administrative sanctions include the suspension and revocation of the driver's license.  In addition, administrative regulations provide that the Department of Revenue require driver to complete SATOP (State Alcohol Traffic Offenders Program), make an SR-22 insurance filing to prove financial responsibility, and pay a fee to have his or her license reinstated once the suspension or revocation period has passed and the driver is eligible for reinstatement.

Field Sobriety Testing

The NHTSA standardized field sobriety testing (SFST) battery.

There are three (3) field sobriety tests that make up the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing  (SFST) battery; the horizonatal gaze nystagmus (HGN) test, the walk-and-turn (WAT) test and the one-leg-stand (OLS) test.  CLICK HERE to be taken to our NHTSA Standardized Field Sobriety Testing page to learn more.

Breath Alcohol Testing

Missouri's implied consent law requires a driver to submit to a chemical breath alcohol test when arrested for DWI.

Missouri Law provides that any person who operates a motor vehicle in Missouri is deemed to have given consent to a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood.  CLICK HERE to be taken to our Breath Alcohol Testing page to learn more about the Intoxilyzer 5000 and DataMaster breath alcohol testing machines and other issues relating to the law and science of breath alcohol testing in Missouri.

SATOP

Substance Abuse Traffic Offender Program

 

Missouri law requires that when a person's license has been suspended or revoked by the Department of Revenue for DWI or DUI, the person must participate in and successfully complete a Substance Abuse Traffic Offender Program (SATOP). CLICK HERE to be taken to our SATOP Screeening and Programs page for information about the program including detailed descriptions of the screening process and the six (6) SATOP program levels.  Our SATOP page also has a link to our SATOP Offender Management Unit page which contains a complete listing of every SATOP provider in the State of Missouri (alphabetized by County and City) with direct links to many.

MIP

Missouri's Minnor in Possesison (MIP) "Possession by Consumption"

Missouri's new Minor in Possession (MIP) "possession by consumption" law (HCS SS SB 402) became effective on August 28, 2005. The new MIP "possession by consumption" law expands the old MIP law's definition of "possession" to include "possession by consumption" and being "visibly intoxicated."  (HCS SS SB 402 summary / HCS SS SB 402 full text)  Under the new Missouri MIP "possession by consumption law, minors (16-20 years old) who plead guilty to or are convicted of MIP will have their driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense and revoked for a year for the 3rd or any subsequent MIP offense.  CLICK HERE to be taken to our Missouri's New Minor in Possession (MIP) "Possession by Consumption" Law | Driver License Suspension and Revocation page.

 

Have you been charged with DWI or DUI? Click here now for more information.  Get a FREE consultation with a Missouri criminal and traffic law defense lawyer.

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