Generation
Information About Legal Topics
Topic 142: Driving Under The Influence (DUI)
(revised 10/98)
If you
have been arrested for driving or having physical control
of a motor vehicle under the influence of alcohol or drugs,
you should contact an attorney immediately. The offenses can
result in assessment of a fine, a jail term, or both if you
plead guilty or are found guilty after a trial. It is possible
that you will receive a jail sentence. In Missouri, the maximum
punishment on a conviction of a DWI charge for a first offense
is six months in jail and a $500 fine. A conviction for an
alcohol or narcotic related driving offense can also result
in suspension or revocation of your driving privileges.
Refusing
to take the breathalyzer test will result in the automatic
revocation for one year of your driving privileges. If a breathalyzer
test is administered and the results are .10 or above there
is a presumption that you are driving under the influence
of alcohol and you may be charged with an alcohol related
traffic offense. If the test results are .10 or above, your
driving privileges will be suspended and the arresting officer
may ask you to surrender your license on the spot. You will
then be given a receipt which will permit you to drive for
15 days. You will also receive information from the Missouri
Department of Revenue explaining your right to request an
administrative hearing to determine if your license should
be reinstated.
If you
do not request a hearing with the 15 day period or if your
license is not reinstated after the hearing, your license
will be suspended for 30 days followed by a 60 day period
of limited driving subject to reinstatement after showing
proof of expensive high-risk insurance for the following two
years. If this is your first alcohol related offense within
five years your license will be suspended for 30 days. If,
however, you have had a prior alcohol related offense within
five years your license will be suspended for 1 year. These
periods of suspension deal with the Missouri Department of
Revenue rules only, and may be longer depending on the outcome
in criminal court. |