Driving Under the Influence (DUI) Laws in Missouri

1. What are the minimum and maximum penalties for a first time DUI offense in Missouri?


The minimum penalty for a first time DUI offense in Missouri is a $500 fine and up to six months of jail time. The maximum penalty for a first time DUI offense in Missouri is a $1,000 fine and up to one year of jail time.

2. What is the legal Blood Alcohol Content (BAC) limit in Missouri?


The legal BAC limit in Missouri is .08.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Missouri?


Yes, refusing to take a chemical test after being pulled over for suspicion of DUI in Missouri is a criminal offense. The consequences could include a driver’s license suspension or revocation, fines, and even jail time.

4. How long does a DUI conviction stay on an individual’s record in Missouri?


A DUI conviction will remain on an individual’s record in Missouri indefinitely.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Missouri?


No, there are no exceptions to the zero tolerance policy on underage drinking and driving in Missouri. Any driver under 21 who is found to have a blood alcohol content of .02 percent or higher will face an automatic license suspension for 30 days.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Missouri?


Yes, individuals under 21 years of age are prohibited from purchasing, possessing, or consuming alcohol in Missouri. As such, it is illegal for drivers under 21 to purchase, possess, or consume alcohol while operating a motor vehicle.

7. Are there any ignition interlock laws in Missouri?


Yes, in Missouri, anyone convicted of a DWI must install an ignition interlock device in any vehicle they own or operate. This law applies to all DWI convictions, even if this is a first-time offense.

8. What type of license suspension is issued for a DUI conviction in Missouri?


In Missouri, a DUI conviction can result in a license suspension of up to one year.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Missouri?


It is possible for a court to order an individual charged with a DUI in Missouri to attend drug and alcohol classes or treatment programs as part of their sentence. The decision will ultimately depend on the discretion of the judge handling the case.

10. Does Missouri have an implied consent law for chemical testing after a DUI arrest?


Yes, Missouri has an implied consent law for chemical testing after a DUI arrest. According to the Missouri Department of Transportation, any person who operates a motor vehicle in the state of Missouri is deemed to have consented to chemical testing of their breath, blood, or urine if they are arrested for driving while intoxicated.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Missouri?


Yes, Missouri has laws requiring sobriety checkpoints or roadblocks. According to the Missouri Department of Transportation, a sobriety checkpoint must be conducted according to guidelines set forth in a court order or by the Missouri Supreme Court. The purpose of these checkpoints is to detect and apprehend individuals who are operating vehicles while intoxicated.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Missouri?


Yes, there are restrictions on the types of vehicles an individual may operate following a DUI conviction in Missouri. Individuals convicted of a DUI may be required to install an ignition interlock device on any vehicle they operate. This device prevents the vehicle from being started until the driver has passed a breathalyzer test. In addition, individuals may not be allowed to operate commercial vehicles or vehicles used to transport hazardous materials.

13. Is it possible to have a DUI charge reduced to a lesser offense in Missouri?


Yes, it is possible to have a DUI charge reduced to a lesser offense in Missouri. Depending upon the circumstances, the offense may be reduced to a “wet reckless” or careless and imprudent driving charge. Additionally, some courts may reduce the charge to a lesser offense, such as “excessive lane change” or “failure to drive within the right-hand lane.”

14. What is the legal limit for open containers of alcoholic beverages while driving in Missouri?


It is illegal to have an open container of alcohol in the passenger area of a motor vehicle while it is on a public highway in Missouri. This includes any and all alcoholic beverages.

15. Does insurance coverage change after a DUI conviction in Missouri?


Yes. Insurance companies in Missouri may increase premiums or cancel coverage for drivers who are convicted of a DUI.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Missouri?


No, driving with a revoked license resulting from a DUI conviction in Missouri is unlawful and may result in fines, jail time, and other penalties.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Missouri?


Yes. According to Missouri Revised Statutes Section 303.285, a person convicted of a DUI must show proof of financial responsibility (insurance) before their license is reinstated.

18. Is plea bargaining allowed for DUI cases in Missouri?


Yes, plea bargaining is allowed for DUI cases in Missouri. Missouri state law allows prosecutors to negotiate plea deals with defense attorneys as part of the criminal justice process. Defendants can agree to plead guilty to a lesser charge or accept a reduced sentence in exchange for a guilty plea.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Missouri?


In Missouri, individuals must request a hearing within 15 days of being notified of the revocation.

20. Does Missouri offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?


Yes, Missouri offers the Ignition Interlock Device (IID) Program that allows individuals to get their driver’s license reinstated after a DUI conviction. The program requires an individual to install an IID in their vehicle and have it regularly monitored. The IID will prevent a vehicle from being started if the driver’s blood alcohol content is above the legal limit.