You Drink, You Drive, You Pay!

Drinking & Driving: Missouri’s DWI Law

If you drink and drive in Missouri, you will pay. Missouri is not going to tolerate people being injured or killed by drunk drivers. The law is strict and to the point: DO NOT DRINK AND DRIVE.

If a law enforcement officer has reason to suspect the driver of a motor vehicle is driving under the influence of alcohol or drugs (prescription or illegal), field sobriety tests may be administered. Based upon the driver’s performance of these tests, the officer will determine whether or not to arrest the driver for driving while intoxicated. Missouri’s implied consent law requires a driver suspected of driving while intoxicated to submit to either a breath or blood test to determine their blood alcohol concentration. Refusing to do so will result in the driver losing their driving privileges for one year.

If the driver is arrested, the following will happen:

• Searched, handcuffed, taken to jail, photographed, fingerprinted, and bonded.
• Required to pay an amount of money for bail to get out of jail.
• Immediate suspension of driver’s license for 30 days if test results are .08 percent or more.
• Required to surrender license to arresting officer.
• If convicted of DWI, eight points will be assessed against your license.
• License will be revoked for one year if you have accumulated a total of:
  • 12 points in a 12-month period
  • 18 points in a 24-month period
  • 24 points in a 36-month period
• 12 points are assessed for a second and subsequent conviction of an alcohol-related offense.
• Any level of impairment may result in charges of DWI. BAC level of .08 percent or above, however, is prima facie evidence of intoxication under Missouri law.

Aggravated Offender

A person who has been found guilty of:

1. Three or more intoxication-related traffic offenses committed on separate occasions;
2. Two or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed.

An aggravated offender is a class D felon, and must serve a minimum of 60 days in jail before being eligible for probation or parole.

Chronic Offender

A person who has been found guilty of:

1. Four or more intoxication-related traffic offenses committed on separate occasions;
2. Three or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed;
3. Two or more intoxication-related traffic offenses committed on separate occasions where both intoxication-related traffic offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed.

A chronic offender is a class C felon and must serve two years in prison before being eligible for probation or parole.

Persistent Offender

A person who has been found guilty of:

1. Two or more intoxication-related traffic offenses committed on separate occasions; or
2. One intoxication-related traffic offense committed in violation of any state law, county or municipal ordinance, federal offense, or military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed.

A persistent offender is a class E felon and must serve one year in prison before being eligible for probation or parole.

Abuse & Lose

Persons under the age of 21 will lose their driver’s license for 90 days (if under age 16, they must wait until they are 17 to receive a driver’s license) if found guilty of:

• Any alcohol-related traffic offense;
• Possession or use of alcohol while operating a motor vehicle (open container);
• Possession or use of a controlled substance (prescription medication or illegal drug);
• Modification, alteration, or misrepresentation of a driver’s license; or
• Being a repeat offender of possession or use of alcohol by an individual under the age of 18.

Individuals convicted of any state law or county or municipal ordinance involving alcohol or substance possession and/or use while driving a motor vehicle shall have their driver’s license suspended for a period of 90 days. Any second or subsequent offense shall result in revocation of driver’s license for one year.

The offender is required to attend a Substance Abuse Traffic Offender Program prior to reinstatement of his or her driver’s license. SATOP programs can be viewed on their website: dmh.mo.gov

Missouri’s “Zero Tolerance” Law

It is illegal in Missouri for anyone under the age of 21 to purchase, attempt to purchase, possess, or consume alcoholic beverages. Missouri has a “zero tolerance” for underage drinkers. Anyone under the age of 21 driving with a BAC of .02 percent or higher will have his/her driver’s license suspended for 30 days. Additionally, he or she must:

• Successfully complete a Substance Abuse Traffic Offender Program. (An offender is required to pay the cost of attending the class plus any associated fees.)
• Pay a license reinstatement fee. (Visit the Missouri Department of Revenue’s website at dor.mo.gov for more information.)

Purchase or Possession by a Minor

According to Missouri Revised Statutes Chapter 311:

It is considered a misdemeanor for anyone under the age of 21 to purchase, attempt to purchase, possess any intoxicating liquor, be visibly intoxicated, or have a detectable BAC of .02 or higher.

A manufacturer-sealed container describing an intoxicating liquor is all that is necessary for prosecution. The manufacturer-sealed container need not be opened or the contents tested to verify that there is intoxicating liquor in such container. It is presumed that such sealed container indicating intoxicating liquor within actually contains intoxicating liquor.

Effects of Alcohol When Driving

• Reaction Time – Alcohol slows reflexes even at low BAC levels. The ability to respond to emergency situations is limited.
• Judgment – Judgment is the first thing to be affected by alcohol. That’s why so many drivers make the wrong decision to get in a car and drive after drinking.
• Tracking – Alcohol decreases the ability to judge the car’s position on the road, or the location of other vehicles, center line, and road signs.
• Vision – Alcohol slows eye muscle function, alters eye movements, and alters visual perception, possibly resulting in blurred vision. Night vision and color perception also can be impaired.
• Comprehension – Alcohol hinders the ability to make rational decisions, perceive hazards, and process information.
• Coordination – Drinking too much alcohol can reduce the eye/hand/foot coordination needed to steer, brake, and accelerate.
• Emergency Response – While drivers with alcohol in their blood may handle some driving skills, their ability to respond to emergency situations is limited.

DWI Conviction: The Financial Burden

The costs associated with a DWI conviction can be overwhelming. After being convicted of DWI, you will have to communicate with the following … most of whom require a fee to assist you:

• Towing Company
• Bondsman
• Insurance Company
• Attorney
• Court
• Substance Abuse Traffic Offender Program (SATOP)
• Driver License Bureau

But, those aren’t the only costs. A DWI conviction may affect future opportunities. When you drink and drive, your actions could yield:

• Shame and embarrassment
• Strained personal and professional relationships
• College financial aid, admissions, and scholarships may be affected.
• Job prospects could be hindered.
• Current employment and professional licensing could be affected.
• Civil suit by victim
• Fines, court costs, and restitution paid to victim.
• Life-altering injuries to yourself and others
• Lifelong regret
• A convicted felon may not vote, run for office, or own firearms.

It’s up to you. Instead of drinking and driving, always designate a sober driver, because in Missouri, You Drink, You Drive, You Pay!

Contact Information

Emergency Assistance: 1-800-525-5555 or cellular *55

Road Conditions: 1-888-275-6636

Sex Offender Registry: 1-888-SOR-MSHP (1-888-767-6747)