In the state of Missouri, DUI is a serious offense and is considered to be similar to a murder and the consequences are quite severe. This severity is due to the fact that DUI involves chemical tests like BAC tests rather than scientific tests. The state follows the `per se’ law according to which it is considered be a DUI case if your blood alcohol level is 0.08% or more. If you refuse to undergo any of the chemical tests indicated by the law enforcement officers, then this will be used against you in the court and will lead to the suspension of your license along with other criminal and administrative penalties.
More articles on DUI Laws in Missouri
In Missouri, you have 15 days to request for an administrative hearing to revoke your license. If you fail to do so, then your license will be suspended. You will also lose your license, if you refuse to take a chemical test or your BAC is 0.08% or more or is 0.02% or more if you are a minor under 21 years. A Missouri DUI defense attorney can help you saving your license or at least reducing your penalties.
The severity of the penalties for DUI in Missouri is dependent on the number of times you have been convicted for drunk driving. If it is your first offense, then the consequences are:
Missouri follows the 5-year law which indicates that if you are convicted within five years time period, then your penalties will be even more severe and if it over three times, then it is considered to be felony. However, after five years, it will be considered as a first offense.
Apart from the varied penalties depending on the number of offenses you will face at the criminal court, you will also have to attend administrative hearing. During this hearing if you lose, your license will be suspended for duration of at least 30 days. The license suspension duration for Missouri DUI offenses are:
Missouri also adheres to implied consent, where you consent to take any kind of chemical test, when you apply for a driver license. The law enforcement officers can ask for a BAC test if you are under the suspicion of drunk driving and can stop you at the time of driving. If you are under 21 years, you are considered to be a minor and the DUI laws are different. The legal BAC limit for minors are 0.02% and the penalties result in the license being suspended for 90 days if it is your first offense and 1 year for the subsequent offenses. However, if your license gets revoked after a DUI conviction, then you will have to complete a Substance Abuse Traffic Offender Program, pay a $45 reinstatement fee, and provide SR-22 proof of insurance for two years. This conviction will remain in your driving record.