Missouri DWI

In Missouri, after an initial DWI arrest, you will have two cases to deal with:

1. Criminal Case where you will face potential jail-time and/or fines, and

2. Driver’s License Case where you will face potential license suspensions and revocations.

If you submitted a breath sample and blew over 0.08, then you have 15 days in which to request an administrative hearing, or an appeal on your license suspension.  A hearing will be held sometime thereafter wherein the hearing officer will have to decide whether there was probable cause to arrest you and whether you blew over 0.08.  If both issues were in the affirmative, you will be facing 30 days of absolute suspension and 60 days of limited driving to and from work, a doctor, or to an alcohol class.  If this is your second DWI arrest, you may be facing a year suspension on your driving privilege.

If you refused the breath test, then you have 30 days to file a Petition for Review in the Circuit Court to determine whether or not there was reasonable grounds for your arrest and whether or not you in fact refused the test.  Even though you have 30 days to appeal, you only have 15 days before your license is revoked.  If these issues are determined in the affirmative, then you will face a 1 year revocation on your driving privilege and may not be eligible for a hardship until 90 days into the suspension.

Section 577.010 spells out the elements of a criminal DWI charge and states, “A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.”  In the criminal case, you will have to actually go to court and appear in front of a judge and prosecutor.  It is the prosecutor’s job to prove you guilty in court and will be relying on information given by the arresting police officer.

Range of punishment on criminal cases are as follows:
1st-Class B Misdemeanor, up to 6 months in the county jail.
2nd –Class A Misdemeanor, up to 1 year in the county jail.
3rd-Class D Felony, up to 4 years in Missouri Department of Corrections.
4th –Class C Felony, up to 7 years in Missouri Department of Corrections.
5th-Class B Felony, up to 15 years in Missouri Department of Corrections.