Missouri DWI/DUI 1st Offense-Driver's License and Probation in lieu of jail

There seems to be a lot of confusion on the new DWI laws in Missouri. While many things have changed, the 1st DWI offense has remained in tact for the most part.

A 1st offense DWI in Missouri is still a class B misdemeanor. What this means, is that even on a first offense, the range of punishment available to the Court, is up to 6 months in jail and/or up to $500.00, in fines. Fortunately, however, the maximum is rarely every imposed. The key words are ( up to), meaning the Judge is free to sentence anywhere within this range.

The Court may grant and most often will grant probation for a mandatory 2 years; and in certain situations, the Court may even may even be willing to grant a Suspended Imposition of Sentence (S.I.S.), which under Missouri law, is not a conviction. Under the new law an SIS may not be availble if the driver registers above a .15 on a breath or blood alcohol test.

Each county is different. St. Louis City and County routinely offer an SIS but Boone County, for instance, Columbia Missouri, MIZZOU country does not offer an SIS, only an SES, Suspended Execution of Sentence which is considered a convicition.

Know your county, they all are different.

As to a driver's license, the criminal side of the Missouri DWI/DUI will not effect your driver's license unless you are under 21. Missouri's Abuse and Lose laws allow the judge to take a minor's driver's license upon a plea or conviction for a Missouri DWI/DUI.

However, you still need to deal with the Missouri Department of Revenue on your driver's license. If you are stopped and blow over the legal limit on a breath test, your license will be automatically suspended. YOU HAVE ONLY 15 DAYS to request an Administrative Hearing or it is waived. As an attorney, I always want to conduct an Administrative Hearing so I encourage my client's to request one in that time period. This also serves to extend the Temporary Driving Privileges pending the hearing.

If you refuse the breath or blood test you will be given a Notice of Suspension and need an attorney to file a Petition for Review with the Circuit Court to fight the suspension. This Petition must be filed within 30 days of the arrest. The attorney will apply for a Stay Order to stall the suspension. The Circuit Judge has full discretion to issue or deny a Stay Order.