How Are Repeat DUIs Charged in Missouri?

How Are Repeat DUIs Charged in Missouri?

What Happens If I’m Pulled Over for Another DUI?

Studies show that Missouri has the 14th-highest rate of drunk driving fatalities in the nation and sees a high level of drunk driving charges annually. Drivers who are charged with a subsequent DWI may have questions about what happens next and the penalties they may face.

Keep reading to learn how our skilled Missouri DWI attorneys at Cole & Martin Attorneys at Law, LLC can help fight for the best result.

Knowing the Difference: DUI vs DWI

While DWI is the preferred legal term in Missouri, both twos refer to the same charge. A DWI refers to a driver driving while intoxicated, while a DUI refers to a driver who is charged with driving under the influence — the same charge, just different terminology.

Both DUIs and DWIs are serious criminal charges under Missouri law, even on the first offense, and are charged as such. A driver is considered intoxicated if they:

  • Are under the influence of any combination of drugs, alcohol, or controlled substances.
  • Have an excessive blood alcohol concentration (BAC) of .04% or more for commercial drivers and .08% or more for all other drivers.

When is a DWI Considered a Repeat Offense?

Under Missouri state law, drivers can be charged with a DUI if they're found to be operating a vehicle in an 'intoxicated condition.' A DWI is considered a first offense if the driver has no other charges within the last five years and no more than one DWI conviction in their lifetime. If a driver is charged again, it will be a second or subsequent DWI.

2nd DWI Penalities

The penalties for a second DWI in Missouri are:

  • Charged as a Class A misdemeanor: means a criminal record if you have been classified as a Prior DWI offender, or a person under the age of 17 is present in the vehicle.
  • A minimum of ten days to one year in jail: can often be exchanged for community service.
  • Loss of your license for 1 year or 5 years.
  • Ignition Interlock Device (IID) on your vehicle.
  • Fines up to $2000 and court costs.
  • Two years of probation.
  • SATOP completion (DUI class).
  • Victim Impact Panel (VIP) completion.
  • 30 days of community service.
  • Continuous alcohol monitoring.

Second-time offenders face harsher penalties than first-time offenders. In addition to not having access to the two types of restricted driving privileges, second-time offenders who re-offend within five years from the date of the first offense will typically lose their licenses for a period of five years. If a second offense falls outside of that five-year period, it will still typically lead to license revocation for at least one year.

3rd DWI Penalities

The penalties for a third DWI in Missouri are:

  • A Class E felony: criminal record if you have been classified as a Persistent DWI offender, or while driving while intoxicated, you act with criminal negligence to cause physical injury to another person.
  • A minimum of 30 days to one year in jail or up to four years in prison: this can often be exchanged for community service.
  • Loss of your license for 10 years.
  • Fines up to $10,000 and court costs.
  • Five years of probation with fees, after serving 30 days in jail.
  • SATOP completion (DUI class).
  • Victim Impact Panel (VIP) completion.
  • 60 days of community service.

It’s important to note that penalties will increase depending on the severity of your offense (i.e. your 5th or 6th offense.)

DUID Penalties

Unlike alcohol, there are no ready-made tests to detect a certain amount of drugs within a person’s system. If a police officer decides you are guilty of impaired driving, it’s likely to be their word over yours, regardless of the circumstances. In Missouri, Driving Under the Influence of Drugs (DUID) is a crime punishable by up to 6 months in jail and a fine of up to $500.

The Importance of Hiring a Seasoned Missouri DUI Attorney

The penalties for a repeat DWI charge can affect your life in many ways — from securing housing to applying for jobs. With a skilled Missouri DWI attorney on your side, you can fight your charges and work to reduce your penalties.

Contact Our Experienced Springfield DUI Lawyer Today

At Cole & Martin Attorneys at Law, LLC, we take every case extremely seriously and want you to feel prepared and confident when facing your charges. If this is your second or third DUI, you can trust our team to walk you through the process.

Our attorneys answer any questions, address your concerns with honesty, and provide you with your legal options to pursue a favorable outcome. To book your free consultation, contact our team today by calling (417) 213-5441 or filling out our online form.

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