What You Need to Know About a Missouri DWI
In Missouri, a first offense DWI is typically charged as a Class B Misdemeanor. The charges can be brought in City, Municipal, or State Courts.
There are no simple answers that apply to all DWI cases, when it comes to a Missouri DWI, each case is different and it takes an experienced DWI attorney to properly evaluate your case. That is why we offer a free, no obligation, consultation to discuss your case.
Typically, a Missouri first offense DWI is charged as a Class B Misdemeanor. This means that the maximum you face is up to 6 months in the county jail and/or a fine of up to $500.00. However, in Missouri it is extremely unlikely that you will do any jail time on your first offense even if you plea guilty. In most cases we can avoid a conviction without having to go to trial. Additionally, we often can get the DWI charge amended down without having to go to trial.
If you are found guilty of a first offense DWI, jail is unlikely if you have an experienced lawyer on your side. Typically, if trial is not an option, we can secure probation to avoid an conviction which keeps the DWI off your driving record. In these cases the typical Probation in Missouri is referred to as an “SIS” (Suspended Imposition of Sentence). Which means you are not sentenced or convicted if you successfully complete probation.
Standard Conditions of Probation:
- 2 years Supervised or Bench Probation
- SATOP (Substance Abuse Traffic Offenders Program).
SOMETIMES REQUIRED BY THE COURT:
- VIP (Victim’s Impact Panel)
- Community Service
- Ignition Interlock Device
- SCRAM (Secured Continuous Remote Alcohol Monitoring)
- Shock Jail Time
- Recoupment to Arresting Agency
- Drug and Alcohol Evaluation & Treatment
- No Drinking and Driving
- Submission to future Breath Tests
- No entering establishments that serve alcohol as primary business
- No possession or consumption of alcohol
Under 577.010(3) Missouri DUI law prohibits an SIS for anyone who blows over a .15 (another reason to refuse a breath test). This provision is often not enforced, but a high BAC may lead to more probation conditions.
Missouri First Offense DWI Statutes
The law governing a Missouri DWI First Offense is RSMo 577.010
“1. A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated or drugged condition.
2. Driving while intoxicated is for the first offense, a class B misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.
3. Notwithstanding the provisions of subsection 2 of this section, in a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, no person who operated a motor vehicle with fifteen-hundredths of one percent or more by weight of alcohol in such person’s blood shall be granted a suspended imposition of sentence unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program.
4. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section for such first offense:
(1) If the individual operated the motor vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than forty-eight hours;
(2) If the individual operated the motor vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than five days.”
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We also help victims who suffered drunk driving injuries that were caused by another driver.