If you are arrested or stopped because the police officer suspects that you are driving your vehicle under the influence of alcohol and when tested, your blood alcohol level was over what is legally permitted, there are two sets of laws that dictate what actions law enforcement must do. You will be arrested and your driver’s license will either be suspended or revoked entirely.
Under criminal law, you will be issued a ticket (summons). It is sensible to consult an attorney after you are charged but before you are convicted. If you are actually convicted of a crime that is connected to alcohol, your documented conviction will be sent to the department by the court and you will have a certain number of points against your license. Depending on the number of points, your license will either be suspended or revoked.
You will also face penalties under administrative law. There will be a separate suspension or revocation of your privilege to drive, depending on how far over the legal limit your blood alcohol content, or BAC, was and whether you refused to take BAC tests when you were asked to do so.
What consequences can I expect from a DUI?
The consequences from a DUI increase in severity the more you commit the offense. For a first conviction, whether that is driving while intoxicated, or DWI, or a BAC offense, your driver’s license will be suspended for 90 days. However, if it is your first offense, you may qualify for a restricted driving privilege, or RDP.
If you have been given a DUI while driving a commercial vehicle and your BAC is 0.04 or more, you will get two points on your Missouri driving record and you will not be allowed to drive a commercial vehicle for one year.
What happens if I have more than one DUI?
If you have been convicted of a second offense, no matter how long it has been between convictions, your license will be revoked for one year and points. The consequence may be even more extreme. You may receive up to a five-year license suspension. A third conviction or beyond will get your license suspended for 10 years.
If you are arrested and have a BAC of 0.08 or more, the offense will be processed criminally and administratively. If you are a minor and you have a BAC of at least 0.20 or more, the arresting officer will fill out and send the following:
- An alcohol influence report form (AIR)
- A Missouri uniform complaint and summons, or warrant
- A notice of suspension/revocation of driving privilege and a temporary 15-day driving permit (this is only in the event of the license being taken away)
- The Missouri license of the person who was arrested
Legal support from a Missouri DUI attorney
If you have been arrested for DUI, your life will be greatly altered but not permanently ruined. It can affect your life, your family, your work, your financial situation and your ability to remain free. In that case, it is essential to have legal support so that you have the best defense possible to be able to turn the case around. Everyone makes mistakes because everyone is human. With your attorney’s support, you may be able to get your sentence reduced so that you can start to look to a brighter future more quickly.