DWI MISDEMEANOR

FIRST AND SECOND OFFENSE DWI IN MISSOURI:
WHAT ARE THE PENALTIES

What is the difference is between a first and second offense DWI in Missouri and what are the penalties for each?

FIRST OFFENSE DWI IN MISSOURI

According to the Missouri DWI Statute, section 577.010 states that a person commits the offense of driving while intoxicated (DWI) if he or she operates a vehicle while in an intoxicated condition. An intoxicated condition is when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. The legal alcohol limit is eight-hundredths of one percent or more by weight of alcohol in his or her blood.

FIRST OFFENSE DWI PENALTIES

Under Missouri law, you will typically be charged with a Class B misdemeanor if it is your first DWI offense. If you are convicted you could receive the following punishment:

Up to six months in jail
A fine of up to five hundred dollars ($500.00)

SECOND OFFENSE DWI IN MISSOURI

If you have already pleaded guilty to a first offense DWI and you receive a second DWI within five (5) years of that guilty plea, you may be charged as a DWI Prior Offender. In that case, the DWI charge would be class A misdemeanor.

SECOND OFFENSE DWI PENALTIES

The minimum jail term for a Prior Offender is ten (10) days in jail. You may also receive the following additional punishment:

Up to a year in jail
A fine of up to one thousand dollars ($1,000.00)

LICENSE SUSPENSION

You may also receive civil penalties such as suspension of your driving privileges and being forced to install an ignition interlock into your motor vehicle. If you take the breath test and are charged with DWI, you have fifteen (15) days from the day of your arrest to request an administrative hearing with the Missouri Department of Revenue, challenging the suspension. Possible civil penalties include:

The license suspension for a first offense DWI is 90 days
The license suspension for a prior offender is one (1) to five (5) years
An ignition interlock device (IID) requirement for a hardship license or license reinstatement
SATOP/VIP

SUSPENDED IMPOSITION OF SENTENCE (SIS)

You will likely receive a suspended imposition of sentence (SIS) for your first offense DWI in Missouri. This means that you will be placed on two (2) years of probation, and, if you successfully complete the probation, you will not have a DWI conviction on your record. Probation can be bench probation or supervised probation. There are fees for supervised probation.

SIS PROBATION

Probation conditions typically include the following:

Undergo a substance abuse evaluation, and complete all follow-up recommendations as directed by the probation officer and/or treatment provider
Complete SATOP and attend VIP
Not consume intoxicants, illegal drugs, nor enter any establishment where intoxicants are the major item for sale
Consent to blood, breath, urine or hair follicle tests as requested for probation supervisor or any law enforcement officer, and pay for the same
Consent to a search of the defendant’s dwelling, motor vehicle or person upon the request of any probation or any law enforcement officer
Recoupment fees
Community service
Shock jail time

Usually, you will report to a probation officer every month so he or she can follow-up on the status of your probation conditions and provide you with services to assist you. If you are not reporting to the probation officer as directed, receive new criminal charges, or test positive for drugs and/or alcohol, the probation officer will submit a probation violation report. The prosecuting attorney can then file a motion to revoke your probation.

SUSPENDED EXECUTION OF SENTENCE (SES)

In some cases, you might receive a suspended execution of sentence (SES). Some of the typical reasons for an SES are because of an accident occurring with the DWI incident, excessive BAC, or prior criminal convictions. The difference between the SIS and SES is that with the SES you will have a conviction. The probation terms are typically the same; however, you will have a jail sentence that has been suspended. Thus, should you fail to successfully complete the probation; you would likely be sentenced to that jail term.

CONCLUSION

You are likely going to be charged with DWI if you are operating a motor vehicle and are found to have an alcohol limit of eight-hundredths of one percent or more by weight of alcohol in your blood. Not only are you facing serious criminal punishment, but civil penalties as well. A suspended imposition of sentence (SIS) will keep you from having a conviction, while a suspended execution of sentence (SES) caused you to have a conviction and suspended jail time. In either case, you must successfully complete probation or revocation could be filed by the prosecuting attorney.

CONTACT A MISSOURI DWI ATTORNEY TODAY

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