What Happens When You Get a DUI in Missouri?
Getting arrested for driving under the influence (DUI) in Missouri is a serious matter that can affect nearly every part of your life. Your reputation, career, and your license are at stake. Whether this is your first offense or a repeat charge, it’s important to understand what happens next, what penalties you might face, and how a Kansas City DUI lawyer can help protect your rights.
At KC DUI & Defense Counsel, we represent drivers throughout Kansas City and surrounding areas who have been arrested for DUI or DWI offenses. We understand that people don’t deserve to have their life ruined because of a single mistake, and we’ll work hard to put control of your future back in your hands.
Missouri DUI Offenses and Their Consequences
Missouri law treats DUI or DWI offenses based on the number of prior convictions and the circumstances surrounding the arrest. The more prior DUIs you have, the harsher the penalties become. Each case also carries both criminal and administrative consequences, including license suspension, fines, and possible jail time.
First-Time DUI
If this is your first DUI offense, it will likely be charged as a Class B misdemeanor. However, the penalties are still significant. You may face up to six months in jail, fines up to $500, and a 30-day license suspension followed by a 60-day restricted driving period.
Drivers with a blood alcohol concentration (BAC) of 0.08 percent or higher will automatically face administrative suspension. You can request a hearing to contest this, but you must act quickly after your arrest.
A first DUI conviction can also result in increased insurance costs and difficulty obtaining certain jobs. An experienced DUI defense lawyer will be able to summarize the penalties you’re facing and detail the particular defense they may use against your charge.
Second DUI Offense
A second DUI in Missouri is treated as a Class A misdemeanor and carries tougher consequences. Penalties may include up to one year in jail, fines up to $1,000, and a one-year license revocation. You may also be required to install an ignition interlock device (IID) before regaining full driving privileges.
Repeat offenders are often classified as “prior offenders,” which can impact sentencing.
Third and Subsequent DUIs
A third DUI offense is a Class E felony in Missouri. A conviction can mean up to four years in prison, fines up to $10,000, and a ten-year license denial.
Fourth and subsequent DUIs may result in felony convictions with even steeper penalties, including extended imprisonment and permanent license revocation.
If you are charged with a felony DUI, you need immediate representation from an experienced Kansas City felony DUI attorney.
Special DUI Circumstances
Certain DUI cases involve unique factors that can increase penalties or require specialized legal strategies. These include charges such as underage DUI, prescription drug use, and more.
Underage DUI
Missouri enforces a “zero tolerance” policy for underage drivers. Anyone under 21 caught driving with any trace amount of alcohol in their system can be charged with an underage DUI.
Consequences include a 30-day license suspension, fines, community service, and alcohol education courses.
Prescription Drug DUI
You can be charged with DUI even if your impairment results from legally prescribed medication. Many drivers underestimate the effects of prescription drugs such as painkillers, anxiety medications, or sleep aids.
Because drug-related DUIs don’t rely on a BAC test, police may use field sobriety tests or blood samples. These cases often hinge on interpretation and lab accuracy, making it essential to have a skilled Kansas City prescription drug DUI lawyer review the evidence.
Commercial Driver DUIs
Commercial drivers are held to higher standards because of the immense damage large commercial vehicles and trucks can cause. In Missouri, a commercial driver can be charged with DUI if their BAC is 0.04 percent or higher.
Conviction often leads to disqualification from holding a commercial driver’s license (CDL), even for a first offense. A CDL suspension can immediately impact employment.
Aggravated DUI Charges
Certain circumstances elevate a DUI to an aggravated offense. Factors such as causing an accident with injury, having a child in the car, or recording an extremely high BAC can increase penalties.
Aggravated DUIs can lead to felony charges, longer jail sentences, and even higher fines.
What Happens After Arrest for a DUI?
After being arrested for DUI in Missouri, you’ll typically go through several stages of the legal process. Understanding these steps can help you prepare and make informed decisions.
- Arrest and Booking: You’ll be taken into custody, and your information will be recorded. Remember, you aren’t obligated to say anything without a lawyer present.
- Chemical Testing: You’ll be asked to take a breath, blood, or urine test. Refusal can lead to automatic license suspension under Missouri’s implied consent law.
- Administrative License Suspension (ALS): The Department of Revenue will initiate license suspension proceedings separate from your criminal case.
- Court Appearances: You’ll attend an arraignment where charges are formally presented. Subsequent hearings determine evidence, plea negotiations, or trial.
Having an attorney involved from the beginning helps you protect your license and build a strong defense. Always contact a lawyer as soon as possible after your arrest to make sure you are protected legally as soon as possible.
Punishments for DUI in Missouri
The penalties for a DUI depend on your prior record and the details of your case. Common punishments include:
- Jail time ranging from days to several years
- Fines from $500 to $10,000
- License suspension or revocation
- Mandatory alcohol education or treatment programs
- Ignition interlock device installation
- Probation or community service
A DUI conviction can also lead to higher insurance premiums, loss of employment opportunities, and a permanent criminal record. These penalties will grow in severity per subsequent DUI charges.
How A Kansas City DUI Lawyer Can Help
Facing a DUI charge in Missouri can be an intimidating process, but you don’t have to navigate it without professional legal help. An experienced Kansas City DUI/DWI lawyer can review your case, identify procedural errors, and challenge the prosecution’s evidence.
At KC DUI & Defense Counsel, our team provides personalized defense strategies for every client. We handle every aspect of your case, from challenging chemical tests to negotiating reduced charges or alternative sentencing.
Our goal is to protect your license, your record, and your future. If you’ve been arrested for DUI in Missouri, quick action is essential. Contact us at (816) 287-3787 for a free, confidential consultation with one of our skilled attorneys who understands Missouri’s DUI laws and knows how to fight for your best outcome.
Frequently Asked Questions (FAQs)
What happens if I refuse a breathalyzer in Missouri?
Refusing a breathalyzer test triggers an automatic one-year license revocation under Missouri’s implied consent law. You may request a hearing, but strict deadlines apply.
Can I drive during my license suspension?
You may be eligible for a restricted driving privilege, allowing limited driving for work, school, or medical needs. An ignition interlock device may be required.
What are my chances of getting my DUI charge reduced?
Reduction depends on the facts of your case, including evidence strength, police conduct, and your criminal record. A knowledgeable DUI attorney can often negotiate reduced charges or alternative outcomes.
How long does a DUI stay on my record?
In Missouri, a DUI typically remains on your criminal record permanently, though certain administrative records may eventually clear after ten years.
What are the costs associated with a DUI conviction?
Beyond court fines, you’ll face increased insurance rates, reinstatement fees, and possible costs for alcohol education or ignition interlock installation.