DUI & DWI in Missouri
Have you ever wondered why Missouri drunk driving laws are so tough? Part of the answer is a sad statistic: One half of all traffic deaths are alcohol related. This means that at least half of all traffic deaths are totally preventable.
The courts take drunk driving seriously and you need the legal help of a Missouri DUI attorney. We’ll provide helpful background information and show you how to find a lawyer.
This article summarizes:
- Missouri DWI Laws
- Missouri DWI Punishments
- Potential DWI Defenses
- Missouri’s Other Drunk Driving and Alcohol Laws
- How to Find a Missouri DWI Attorney
When is a Driver Considered to be Legally Drunk in Missouri?
The Missouri Revised Statutes contain Missouri’s drunk driving laws.
In the state of Missouri,you’re breaking the law if you’re a:
- Driver and your BAC is .08 or higher.
- Commercial driver or a school bus driver and your BAC is .04 or higher.
- Under age 21 driver and your BAC is .02 or higher.
What is Missouri’s Punishment for DUI Convictions?
- 1st Offense – up to 6 months of jail time – fines of up to $500- driver’s license suspension for 30 days – plus restricted driving for 60 days – loss of commercial driver’s license – ignition interlock.
- 2nd Offense within 5 Years – jail time of up to 1 year – fines of up to $1,000 – driver’s license suspension for 1 year – loss of commercial driver’s license – ignition interlock.
- 3rd Offense within 5 years – jail time of up to4 years – fines of up to $5,000 – driver’s license revoked for at least 5 years – loss of commercial driver’s license – ignition interlock.
Missouri Drunk Driving Defenses
A MODWI lawyer understands criminal law, court procedure, and possible defenses. Consult with the DUI lawyer of your choice – www.attorneys.org.
Ask your DUI lawyer if any of these defenses might apply to your individual case:
- Trial Judge Error.
- Evidence included that was illegally obtained.
- Evidence inappropriately excluded.
- Jury instruction error.
- Police Officer Error.
- The roadblock was not proper.
- There was no probable cause to stop you.
- BAC testing error.
- Improper procedure during arrest or detainment.
- BAC improperly calculated.
- Medical Personnel Error.
- Protocol not followed when blood was drawn.
- Protocol not followed when blood was analyzed.
- Mistake in reporting BAC.
Missouri’s Other Drunk Driving and Alcohol Laws
Dram Shop Statute
A lawsuit can be successfully brought against a licensed drinking establishment if such establishment knowingly serves either an individual under 21 or a visibly intoxicated person – and injury results.
Missouri’s Providing Alcohol to Underage Persons Law
It is a crime for a licensed drinking establishment to give or sell alcohol to an underage person;the penalty is up to 1 year in jail and a $50 to $1,000 fine.
Criminal Penalties for Allowing Minor to Drink
Anyone who knowingly allows an underage person to drink in his or her home or fails to stop the drinking is guilty of a crime. The penalty is up to six months in jail and a fine of up to $500.
This law doesn’t apply to parents who allow their own children to drink at home.
How to Find a Missouri DUI Attorney
To find a Missouri DUI attorney, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral. You’ll get the legal help you need.
