Missouri criminalizes driving while intoxicated. Arrest means time behind bars, high fines, and a suspended license. This article interprets the law in plain English. Know what to expect if you are arrested for DUI.
What is a DUI in Missouri?
In Missouri, a DUI is driving with a blood alcohol content (BAC) of 0.08% or more. That’s about four drinks in an hour for most adults. For commercial drivers, the limit is 0.04%. If you’re under 21, any level at or above 0.02% counts. Even though your BAC is lower than 0.08%, you may still be charged. If there’s reasonable concern by an officer that you are unable to drive safely, you may be charged with DUI simply by your behavior.
First DUI Offense
Not being caught for the first time isn’t the end of the world for you.
You could be subject to:
- Up to 6 months in jail
- Maximum fine of $1,000
- 30-day license suspension followed by 60 days of restrictive driving
- A possible ignition interlock device
Needed Substance Abuse Traffic Offender Program (SATOP) You might get probation instead of incarceration. But you still owe fees and can lose your driver’s license.
Second DUI Offense
The second time you’re arrested, the law is tougher.
You might get:
- Up to 1 year in jail
- A $2,000 fee
- 1-year license suspension
- Needed ignition interlock device
- A 5-year loss of license if your second DUI is within 5 years
You also need to take a longer SATOP program. Courts are tougher the second time.
Third DUI Offense
A third DUI is a felony. You are a “persistent offender.”
Penalties are:
- Up to 4 years in prison
- Up to $10,000 in fines
- 10-year license denial
- Long-term alcohol rehab or treatment
Having a DUI felony makes it more complicated. You may lose your job, home, or the right to vote. Insurance will be costly, and you may end up without it entirely.
Refusal to Submit to a Breath or Blood Test
Missouri has an “implied consent” law. By virtue of driving a vehicle, you agree to testing by request.
If you refuse to blow or give blood:
- Your license is suspended automatically
- You are subject to a 1-year license suspension
- You must request a hearing to appeal it in 15 days
- You may still be charged with DUI
Police can also get a warrant to draw blood. Saying no won’t benefit you. It actually usually makes things worse.
DUI With an Accident
If your DUI is accompanied by a wreck, punishments escalate rapidly. Even more so if there are injured individuals.
Possible consequences:
- Felony charges
- Higher fines
- Suits by victims
- Extended denial of your license
- Years in prison
If someone dies, charges could include manslaughter. That can mean decades behind bars.
Underage DUI in Missouri
If you’re under 21, the rules are stricter.
What can happen:
- 90-day license suspension for the first offense
- 1-year revocation for the second
- Mandatory alcohol classes
- Up to $1,000 in fines
- Jail for repeat offenses
You could also lose college aid or get kicked off sports teams. A DUI at a young age can hurt your future.
Driving With a Suspended License
Driving on a suspended license after a DUI is also a crime.
Sanctions can be:
- Increased jail time
- Increased fines
- Extended license suspension
- Vehicle impoundment
Courts do not give breaks to repeat rule violators. If your license is suspended, ride with a friend.
How to Reinstate Your License
You can’t just get behind the wheel again. Missouri makes you earn your way back into the privilege of driving.
Steps are:
- Take the SATOP program
- Pay reinstatement fee (anywhere from $45 to more)
- File proof of insurance (SR-22)
- Possibly install an ignition interlock device
It takes months. Keep your documents in order or you’ll be held up.
Ignition Interlock Device Rules
The device tests your breath before letting the car start. If there’s alcohol, it won’t start.
Other facts:
- You pay for the device each month
- It keeps a record of your results
- Tampering is illegal
- Judges can lengthen the time if you test failed
Equipment is typically required for 6 months to 2 years. It’s your sole alternative to keep driving.
The Court Procedure After a DUI Arrest
Here’s what occurs if you become arrested:
- You are booked into jail. Bail may be required.
- You are assigned a court date.
- You see a judge. You can enter a plea of guilty or not guilty.
- You may be sentenced to probation, jail, fines, or classes.
- You must complete it all in order to have your license returned.
A dui defense lawyer in Kansas City will minimize your penalties or defend your case.
DUI and Criminal Record
A DUI stays on your criminal record forever unless expunged.
- First-time offenses can be wiped clean after 10 years
- Felony DUIs can’t be wiped clean
- Employers, schools, and landlords will be able to see your record
Your driving record keeps the DUI for at least 10 years.
DUI and Car Insurance
Expect your rates to go up after a DUI. Many insurers will drop you.
You may require:
- SR-22 insurance form
- High-risk coverage (much higher cost)
- To prepay premiums
It may take 3 to 5 years before rates decrease again.
DUI and Work
There are companies with clean driving histories. Post-DUI:
- You can be fired if driving is part of your job (e.g., trucking, delivery, teaching)
- You may be barred from working in these fields
- An employer’s background check will show your DUI
Honesty with employers. Hiding your record may cause further problems.
FAQs About DUI in Missouri
1. Do I risk jail for a first DUI?
Yes. You risk jail, but the majority of first offenders get probation, fines, and classes.
2. What if I refuse a breath test?
You lose your license for 1 year. The police can still get a warrant and test you. You can still be charged.
3. Can I commute to work or school after a DUI?
Maybe. You can have a restricted license, but typically you must first have an ignition interlock installed.
4. How long will a DUI stay on my record?
A first-offense DUI stays on your criminal record forever unless it is expunged 10 years after the date of conviction. It stays on your driving record for 10 years.
5. Do I need a DUI attorney?
Yes. An attorney can reduce jail time or fines. They can spot errors in your arrest.
How to Prevent a DUI in Missouri
The best advice is simple: don’t drive under the influence. Call a cab, ride share, or get picked up by a friend. Make arrangements ahead of time before you leave.
If you are stopped:
- Remain calm
- Be courteous
- Know your rights
You may be able to decline field testing, but you must meet these breath or blood test laws—or lose your license.
Last Words
A Missouri DUI has high costs. Jail time, fines, license suspension, and years of worry can be the result. Know the law. Exercise good judgment. And never drink and drive.
Contact an experienced Kansas City criminal defense lawyer today.