I understand that being charge with a DWI can be a stressful thing. A lot of the stress comes from lack of information. You may be unfamiliar with the legal process or what this DWI will do to your career, or whether or not you will go to jail. Many attorneys will use this unfamiliarity to "scare" you into choosing their services. This blog is designed to provide up to date information to both defendants and fellow attorneys. Hopefully knowing the facts can relieve some of the anxiety you may be feeling.
This first blog will just cover the basics of a Missouri DWI. For a more in depth discussion please visit http://www.missouirdwihelp.com.
A Missouri DWI is unique from other criminal charges in that you have two cases pending at one time. One case is the administrative side "the department of revenue trying to take your license" and the other case is the criminal case "fines, jail time, probation etc..."
After you are arrested for a Missouri DWI, if you choose to take the breath test, you have 15 days in which to file a request for hearing to try and keep your license. If you don't file this request within 15 day's you waive your right for a hearing. If you refused the breath test then you have the option of filing for a Petition for Review to try and keep your license, but this must be file-stamped in the circuit court of the county of arrest within 30 days of the date of arrest.
If you took the breath test and filed for a hearing then at the hearing your attorney meets with the Department of Revenue hearing officer and is allowed to present evidence of you innocence. If the hearing officer sides against you, you have the option for filing for a trial DE Novo "new trial". In this trial you sue the Department of Revenue to force them to give you back your license.
On the criminal side:
First conviction for violation of Missouri DWI Law - Class B Misdemeanor, RSMo 577.010
Up to 6 months confinement, fines up to $500. Court costs (varies by county). Reimbursement for cost of processing. A suspended imposition of sentence (SIS) is not available unless it includes 2 years of probation. Administrative license suspension of 30 days followed by 60 days restricted privileges.
Second conviction for violation of Missouri DWI law - Class A Misdemeanor, RSMo 577.023
Listed as Prior Offender for judicial purposes. Punishable by up to 1 year confinement; must serve at least 48 hours jail time. Fines up to $1000.00. Court costs. Reimbursement for cost of processing. Ignition interlock device must be placed on vehicle. Administrative license revocation of 5 years, 2 of which must be served before a hardship license can be granted.
Third or more conviction for violation of Missouri DWI law - Class D felony, RSMo 577.023
Listed as a Persistent Offender for judicial purposes. Punishable by up to 5 years in prison. Suspended execution of sentence (SES) is forbidden by statute. Fines up to $5,000.00. Court costs (varies by county). Reimbursement for cost of processing. Ignition interlock device must be placed on vehicle. Administrative license revocation of 10 years, regardless of the date of the prior convictions, but: If the 3rd DWI is a felony no hardship license is available;If the 3rd DWI is NOT a felony a hardship license may be applied for after 3 years.
I understand this is just brass tacs type information but I hope it helps. For more in depth information please visit www.missouridwihelp.com
