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.


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