Missouri DWI & the Criminal Justice
System
GENERALLY:
This section deals only with the criminal case and does not
address the civil or administrative action against your driver's
license. Further, this section deals only with the judicial
penalties for the criminal offense of DWI. There are many
non-judicial penalties that will follow a no contest plea,
guilty plea, or conviction for a DWI. These include increased
insurance costs, problems renting cars, and job-barriers.
The non-judicial penalties will be addressed in a separate
section, as well.
TWO TYPES OF
DUI: As discussed earlier, there are two separate
ways for the prosecutor to prove a DWI case:
- (1) By proving that
the defendant was a less safe driver due to impairment
by alcohol and/or drugs (including prescription or non-prescription
drugs) by using the officer's observations, including
manner of driving, field sobriety tests, the smell of
alcohol, etc.
- (2) By proving that
the defendant was driving a vehicle at a time when his
blood alcohol level was .08 or greater. The prosecutor
must prove beyond a reasonable doubt that the test the
defendant was given was a valid test and administered
properly.
The second type of DWI,
is actually known as a BAC, for "Blood Alcohol Content",
and requires a blood, breath or urine test. The ramifications
of a conviction for a BAC may be different than for a DWI.
In a refusal case, the prosecutor has no choice but to pursue
the first type of "traditional" DWI case.
SPECIAL NOTICE FOR
COMMERCIAL DRIVERS: The legal limit for a commercial
driver is .04. A commercial driver is someone in the transportation
industry (truck drivers, bus drivers, etc.) who have a commercial
driver's license. There are many special laws that apply only
to commercial drivers. Those issues will not be discussed
in this website but should be explored at length with your
attorney.
As of April 2003, if a person
who holds a CDL is convicted of a DUI, DWI, or is suspended
administratively for a test failure, the driver will lose
his CDL for one year on the first occurrence and LIFETIME
on the second occurrence. This applies even if the person
was driving his OWN non-commercial vehicle and was not working
when arrested. Also, CDL holders are not eligible for diversion.
PENALTIES: The
penalties for driving under the influence depend on whether
one has had a prior "alcohol related law enforcement
contact". A prior alcohol related contact includes, among
other things, a refusal to submit to testing, administrative
suspension/revocation, and DWI or BAC convictions from Missouri
or another state. Missouri has two important windows of time:
5 years and 10 years. This calculation is made based on the
date of the prior conviction to the date of the current arrest.
SUSPENDED IMPOSITION
OF SENTENCE: Before we talk about the penalties of
conviction it is necessary that we look at disposition known
as a "Suspended Imposition of Sentence", most commonly
referred to as a "S.I.S.". An SIS is an option by
which the defendant admits guilt to the DUI or another offense,
but is not formally convicted. Whether a person is granted
a SIS or not is up to the judge. Generally, a SIS is an agreement
between the defendant and the prosecutor in which the defendant
agrees to accept responsibility for the crime, agrees not
to violate any laws for one year, not to drink alcohol for
some period of time (usually one or two years), not to go
to places that serve alcohol except sporting events and restaurants,
and to take random urine samples to insure compliance. The
defendant must also attend the SATOP class (discussed below),
and do anything else requested by an alcohol counselor, probation
officer or prosecutor. The prosecutor agrees that, if the
defendant holds up her end of the bargain, the charges will
be dismissed at the end of the probationary period.
A SIS does not result in
a criminal suspension of driving privileges and is not a conviction.
However, one could still have his driving privileges suspended
in the administrative (civil) proceedings. A SIS is considered
a "conviction" should the person get a subsequent
DUI within ten years. A SIS may be denied to anyone who has
had a prior conviction or diversion for anything, that tested
at over a .20 on the breath or blood test, or that was particularly
rude or aggressive toward the arresting officer.
SATOP: SATOP
stands for "Substance Abuse Traffic Offender" and
everyone who has a SIS, is convicted for DWI/BAC, or who gets
an alcohol related suspension/revocation must complete the
class before he or she can be successfully discharged from
a criminal sanction and get his or her driver's license reinstated.
The class presents alcohol and drug education and treatment
and is available all over the state of Missouri. There are
three levels of SATOP:
- (1) Offender Education Program
(OEP): This level consists of 10 hours of education which
can be done on a weekend day or over a couple of weekday
nights. It costs about $200.00.
- (2) Weekend Intervention Program
(WIP): This consists of 48 hours locked down in a secure
facility in which treatment and education is provided.
It costs about $400.00.
- (3) Clinical Intervention Program
(CIP): This level consists of about 50 hours of outpatient
treatment, including individual and group therapy. It
costs about $800.00.
Conviction:
A person that pleads no contest, pleads guilty or is convicted
at trial is subject to the following judicial penalties:
DWI FIRST OFFENSE:
Conviction of a first DWI is a Class B misdemeanor.
JAIL: Up to
a maximum of six (6) months imprisonment.
FINE: Up
to $500.00. Court costs may also be between $10.00 and $100.00.
PROBATION: The
general terms of probation are no drinking, do not break
the law, go to SATOP, etc. Probation usually lasts 1 to
2 years. A conviction with probation is commonly referred
to as a "Suspended Execution of Sentence" or SES.
SUSPENSION OF
DRIVING PRIVILEGES: A criminal conviction of a
first time DUI results in a 30 day suspension of driving
privileges followed by a 60 restriction to driving only
to and from work, in the course of employment, or to alcohol
treatment. There are no hardships or exemptions available.
This suspension goes on the person's driving record. The
court may also require that a person be restricted to driving
a motor vehicle which has an ignition interlock device while
on probation. The device costs $50.00-100.00 to install
and $50.00-$75.00 per month to maintain. A conviction will
result in 8 points being assessed against the driver's license.
DWI SECOND
OFFENSE: Conviction of a second DWI within a
five yeaar period is a Class A misdemeanor.
JAIL: Up to
a maximum of one year in jail.
FINE:
Up to $1,000.00, plus court costs of between $10.00 and
$100.00.
PROBATION:
Only after a person has served a mandatory minimum of 48
hours of incarceration are they eligible for probation.
The jail requirement may be waived in lieu of doing 10 hours
of community service. The terms of probation are standard:
no breaking the law, no drinking, no going to places where
alcohol is served, attend SATOP, etc. Court ordered AA meetings,
outpatient treatment, or inpatient treatment programs are
also a possibility. Probation will often be for a one or
two year period.
REVOCATION OF
DRIVER'S LICENSE: A criminal conviction of a second
time DWI within 5 years results in a five (5) year revocation
of driving privileges. A hardship license may not be applied
for until 2 of the 5 year revocation has been served. This
suspension goes on the person's driving record. 12 points
are assessed against the driver's license regardless of
how old the first DWI conviction was. The court must also
require that a person be restricted to driving a motor vehicle
which has an ignition interlock device while on probation.
The device costs $50.00-100.00 to install and $50.00-$75.00
per month to maintain.
DWI THIRD OR
SUBSEQUENT OFFENSE: Conviction of three or more
DWI's within 10 years results may mean that the driver is
deemed to be a "Persistent Offender" and guilty
of a Class D Felony. There will also be a 10 year denial of
driving privileges.
JAIL: Up to
five (5) years in prison.
FINE:
Up to $5,000.00, plus court costs of between $10.00 to $100.00.
PROBATION:
Missouri law prohibits a suspended execution of sentence
for a felony DWI. The court may suspend execution of sentence
after 10 days in jail or 60 days of community service. The
defendant is then placed on a probation.
REVOCATION OF
DRIVING PRIVILEGES: Upon a third or subsequent
criminal conviction for DWI, the defendant's driver's license
is revoked for 10 years regardless of how old the two prior
convictions are. These suspensions go on the person's driving
record. If convicted of a felony DWI, no hardship license
is available. If the DWI is a third, but not a felony, a
hardship license may be applied for after 3 years. The court
must also require that a person be restricted to driving
a motor vehicle which has an ignition interlock device while
on probation. The device costs $50.00-100.00 to install
and $50.00-$75.00 per month to maintain.
PLEA BARGAINING:
Sometimes a prosecutor can be convinced that a DWI
conviction is unlikely at trial and he or she will agree to
reduce the DWI charge to another offense, such as "Careless
and Imprudent Driving" or "Improper Lane Change".
The penalties, probation or SIS requirements may or may not
be the same as those suffered under a DWI disposition, but
the person's driving record will not reflect a DWI.
EXPUNGEMENT:
Missouri law provides that a person may have a one-time
alcohol related offense, either a DWI or BAC, expunged from
his or her driving record after ten (10) years have passed
from the date of conviction. The driver must file an application
in the court of conviction and must not have had any other
alcohol related contacts during the 10 year period. Administrative
driver's license actions may not be expunged.
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