DUI laws in MO

[L.A. Chieffan]

What are the laws like in MO? Specifically for someone with an out of state license and it is their first offense. Ive heard that Missouri is relatively lenient and there is hardly any penalty but not sure if this is true. Any info?

[CoMoChief]

Originally Posted by L.A.Chieffan

What are the laws like in MO? Specifically for someone with an out of state license and it is their first offense. Ive heard that Missouri is relatively lenient and there is hardly any penalty but not sure if this is true. Any info?

My friend is a DWI lawyer, and I've gotten one about 4 yrs ago. Here's what I can tell you......

Get a lawyer, that itself will cost 2-3 grand.

There are 2 parts to a DUI the license revocation part (DMV, points etc) and the criminal side (getting arrested, probation etc). Another words there's going to be 2 seperate cases.

Lincense Revocation - DMV
1st offense really its 1 year license taken away, but at 6mo can apply for a hardship license, allowing you to drive to work.

Must complete SATOP course Substance Abuse Traffic blah blah I dunno....a real money waster to be honest.
- Here you have to take an application test that cost about $250-$300 bucks. This test mainly focuses on whether or not you have a real problem. It's an ABCD answer test and it kinda detects whether you lie, or may be in denial.

-According to what your test result is (for 1st offenses usually) you take a 10hr course kinda like AA. you can go for a weekend ro 2 nights/week 5hrs each. The price of this varies in coordinance to how much you make usually. Probably $400-$600 bucks.

Also complete Victims Impact Panel (VIP) this is where you sit and listen to MADD and maybe a recovering alcoholic druggie from 'Nam and you sit and listen for about an hour or so. They give you a completion slip and you give that to the courts. This is only $30 bucks


Now, a MO law just came into effect that you have to get the interlock ignition device on your car, you may have heard of this.....this is the thing you blow into that reads your BAC before your car starts. Once you get your hardship license, you have to have this on for at least 6 months I believe. I do not know how this plays out since you're from out of state, though. They may just have you register this through your own state or something? I dont know.

A DUI is 12 pts against your record in the state of MO. After a couple years it drops to 4 pts or something. But the DWI doesn't leave your record unless you don't get convicted.

On the Criminal side of it:
You might bet put on probation.... probably un-supervised since you're out of state, unless they set you up with a PO in your area. May ask you to do community service or something.

[Chazno]

Originally Posted by CoMoChief

Lincense Revocation - DMV
1st offense really its 1 year license taken away, but at 6mo can apply for a hardship license, allowing you to drive to work.

Can Missouri revoke an out of state Drivers license? For some reason I don't think so.

I knew a girl who had multiple DUIs in MO and couldn't get a license. She moved to Kansas and had no problem.

[CoMoChief]

Originally Posted by Chazno

Can Missouri revoke an out of state Drivers license? For some reason I don't think so.

I knew a girl who had multiple DUIs in MO and couldn't get a license. She moved to Kansas and had no problem.

How? Usually they run background checks on the previous state you were in and the law states that you can't have your license cancelled/revoked in that state you previously were in, in order to apply for a new one in this case KS.

[CrazyPhuD]

Originally Posted by Chazno

Can Missouri revoke an out of state Drivers license? For some reason I don't think so.

I knew a girl who had multiple DUIs in MO and couldn't get a license. She moved to Kansas and had no problem.

Yes they can. Almost all states are part of an interstate drivers compact. If you get your license suspended in one state your home state will honor that suspension. Back pre computer days it was much easier to get around this but now, no way. If you get suspended off goes the Lic.

[Garcia Bronco]

If you live out of state tell them to **** off and pay the fine.

You don't have to follow their laws. You won't even lose you lic. You damn sure don't have to take their classes and they can't even take your Lic. And if they did....go get a new one in LA and tell you lost yours. Obviously consult a legal professional.

[Garcia Bronco]

Originally Posted by CrazyPhuD

Yes they can. Almost all states are part of an interstate drivers compact. If you get your license suspended in one state your home state will honor that suspension. Back pre computer days it was much easier to get around this but now, no way. If you get suspended off goes the Lic.

Not true. A buddy of mine just did the opposite. While he shouldn't drink and drive...the state laws in Missouri don't really count in LA. And while they say they have some pact, the systems don't actually exist in some states. It's government. They can't find their ass with either hand.

[Garcia Bronco]

Either way I a sure ACORN can best help you to scam the system.

[Oxford]

Originally Posted by CrazyPhuD

Yes they can. Almost all states are part of an interstate drivers compact. If you get your license suspended in one state your home state will honor that suspension..

Right you are on the license suspension, but there are a couple of states that do not participate in the Non-resident violators compact. As to punishment, It really depends on the jurisdiction where the DUI was charged (county or municipal) and how their prosecutors view the charge. An attorney will help, and there could be the possibility of jail time.

[Oxford]

Originally Posted by Garcia Bronco

If you live out of state tell them to **** off and pay the fine.

Absotively wonderful, intelligent advice. Just like wearing a t-shirt to court that says "Judges suck"

[Skip Towne]

The MADD mothers caused all this strict enforcement. Are they even still around? Back in the 60's, this one deputy sheriff stopped me innumerable times and said " Go home, Skip, you're drunk". So I'd slip out a back road and go to the next town and get drunker. Never hurt nothin'

[BigMeatballDave]

I've never had a DUI. I know Ohio issues you a special plate for your vehicle when your privileges resume.

In certain circumstances if you are convicted of a DUI, you will be required to place the DUI yellow license plates on your vehicle in order to drive. Aside from the inconvenience of re-registering your car with the BMV, the yellow license plates are a scarlet letter that lets other drivers and the police know of your conviction.

Generally, if your conviction is the 1st in any 6 year period, and does not involve a high test, the yellow license plates are optional for the judge to order. For some judges, however, these plates will be required as a condition of driving privileges even on a 1st offense. For those with high test DUIs or multiple convictions, the DUI yellow license plates are generally mandatory.

[banyon]

All I know is that MO is much harsher than Kansas on 3rds or 4ths, you can go to prison for 2 or 3 years where in KS it's just one in county jail.

[BigMeatballDave]

Here is Ohio's. http://www.bmv.ohio.gov/driver_license/dui_law.htm How does it stack up to MO and KS?

[banyon]

This appears to be the aplicable statute though:

Missouri DWI Statute
Chapter 577 PUBLIC SAFETY OFFENSES

577.010. Driving while intoxicated.

1. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition.

2. Driving while intoxicated is for the first offense, a class B
misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of
sentence for such offense, unless such person shall be placed on probation for a minimum of two years.

(L. 1977 S.B. 60, A.L. 1982 S.B. 513)

(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and thetransmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.).

(1996) It is not double jeopardy to be guilty of DWI in violation of this section and to suspend driving privileges pursuant to sections 302.500, et seq. State v. Mayo, 915 S.W.2d 758 (Mo.banc).


577.012. Driving with excessive blood alcohol content.
Transferred 1978; formerly 564.439

1. A person commits the crime of "driving with excessive blood alcohol content" if such person operates a motor vehicle in this state with eight-hundredths of one percent or more by weight of alcohol in such person's blood.

2. As used in this section, percent by weight of alcohol in the blood
shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections
577.020 to 577.041.

3. For the first offense, driving with excessive blood alcohol content is a class B misdemeanor.

(L. 1975 S.B. 32, A.L. 1982 S.B. 513, A.L. 1996 H.B. 1169 & 1271 merged
with S.B. 722, A.L. 2001 H.B. 302 & 38)

Effective 9-29-01

(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and the transmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.)

[Swazey]

I live in KS and went to a wedding in Missouri. On the way home, I sideswiped a suburban and received two years probation and had to attend a weekend treatment class. Biggest mistake of my life. At least they couldn't take away my KS license.