First-Time DUI Offenses in Missouri: What Are the Consequences?
You can be scared or confused if you are a first-time offender of driving under the influence (DUI) in Missouri. Consult a good local dui defense lawyer in Kansas City right away. This article breaks it down in simple language for you.
What is DUI in Missouri?
In Missouri, it is against the law to operate a vehicle with a blood alcohol content (BAC) of 0.08% or more. If you are under the age of 21, the legal limit is 0.02%. For commercial drivers, it is 0.04%. You can be arrested for a DUI for driving on prescribed legal drugs, even though they won’t impair your driving. If they impair your driving, you can be arrested.
What Happens After a First DUI Arrest?
The nightmare begins the instant you get pulled over by a police officer. Police may request a breath test if they believe you’ve been drinking. If you refuse or fail the test, police will arrest you. The instant you’re under arrest, you’ll be taken to jail, fingerprinted, and maybe even get to spend the night. You’ll be scheduled with a court date. You must appear. Failure to show will result in additional charges.
License Suspension
If you blow over the legal limit or refuse to take the test, your license is suspended. You get a 15-day driving permit. Your license is then suspended for 90 days. You can get a restricted license with an ignition interlock device (IID).
What is an IID?
It’s a breath test device for the car. It will not let you start the engine if there is alcohol in your system. You must blow on it before you drive. Some IIDs also make you perform random tests while driving. If you refuse to take a test or you fail, the device logs it and reports to court.
Court Process
You receive a court hearing. You may plead guilty or not guilty. It is in your best interest that you have an attorney. If convicted, the judge will decide your sentence. Court hearings can be stressful. Dress appropriately and be civil. Only respond when asked. Having a good attitude is beneficial.
Possible Penalties for First DUI
- Jail time (up to 6 months)
- Fines (up to $1,000)
- License suspension (90 days)
- Court costs
- Probation
- Alcohol classes or counseling
- Community work
You may also be ordered to attend a victim impact panel. These programs give you an idea of the consequences of drunk driving to others.
Criminal Record
First DUI is a misdemeanor. It will appear on your record. It affects employment, housing, and background checks in the future. Landlords are able to deny renting. Employments are unable to hire you. Some schools are able to take away scholarships or acceptances.
Can You Avoid Jail Time?
Yes, but not always. Judges do issue probation, especially if it’s a one-time deal and nobody got hurt. Attendance at alcohol classes shows you’re trying to improve your ways. Having a clean record up to your arrest is a bonus. Apologizing in court does count.
Insurance Matters
Your auto insurance will likely go up. Some companies will drop you. You may be required to carry high-risk insurance known as SR-22. SR-22 is not insurance. It’s that you do have it. You will need to report it to the state. It is an extra fee to your monthly premium.
Long-Term Results
A DUI can follow you around for years. You can lose job offers. Certain careers or schools will accept you.
Military recruitment can be avoided. Government employment can also be harder to get. Even volunteer opportunities might quiz you about your record.
What to Do If You Receive a DUI
- Be respectful to police and remain calm
- Don’t fight or battle
- Call your lawyer as soon as possible
- Comply with all directives from the court
- Show up at all your court hearings
- Don’t drive if your license has been suspended
Staying out of trouble next time is extremely important. A second time results in more severe consequences.
Can You Get the DUI Off Your Record?
You can request it be removed after 10 years. This is expungement. You can only do this once. You cannot have had any other drunk driving offenses. You also must satisfy all penalties.
Can You Drive After a DUI?
Yes, but only on a restricted license. You must have an IID installed. If you break the restrictions, you could lose your license again. You may also be required to take frequent alcohol tests. Failure in these may lengthen the duration of your restrictions.
Are There Other Penalties for Teen Drivers?
Yes. Missouri places a zero-tolerance law on drivers under 21. A BAC of only 0.02% may lead to:
- 30-day license suspension
- $45 reinstatement fee
- Required classes
Your school may get involved, too. This may lead to school penalties or loss of student aid.
Will a DUI Impact School or College?
Yes. Some schools have specific rules about criminal charges. Scholarships or sports eligibility can be lost. It will be harder to get into college. Some degrees, like teaching or nursing, require background checks.
What If a Person Was Hurt?
If someone was hurt or murdered, the charge is a felony. Sentences are much harsher. You can spend years in prison. Even minor injuries totally alter the scenario. Prison time, greater fines, and extended license suspension are all justified.
How to Avoid a DUI
- Don’t drink and drive
- Call a friend or use a ride service
- Plan ahead if you will be drinking
- Sleep the night out instead of driving home
Also, have an emergency plan. Pick a contact person to call for a safe ride.
Unique Format: Step-by-Step Checklist
Got Arrested for DUI? Do the Following Steps:
- Get legal help. Call the DUI attorney immediately.
- Know your rights. Ask to see your charge.
- Ask for a DMV hearing. You have 15 days to do so.
- Attend court dates. Don’t miss them.
- Follow court requirements. Attend classes, pay fines, stay trouble-free.
- Have an IID installed. If you must drive, have an IID installed.
- Keep records. Save documents and receipts.
- Ask about expungement. After 10 years, get your record erased.
- Stay sober. Don’t drink and drive again.
- Fix your insurance. Get SR-22 if you need to.
5 Special First-Time DUI FAQs in Missouri
1. Can I get fired from work because of a DUI?
Yes. Some employers will fire you, especially if driving is how you earn a living or if you need to have a clean record.
2. Do I have to tell my employer?
Not always. But if driving is involved in your work, you may have to tell them.
3. Can I leave the state with a DUI?
In general, yes, but some states won’t take you in. Check first before you leave.
4. Will I go to jail automatically?
No, not necessarily. Probation is available for first offenders. It’s in the judge’s and the case’s discretion.
5. Is a DUI the same as a DWI in Missouri?
Yes. DUI and DWI are considered the same thing in Missouri.
Final Thoughts
A Missouri first DUI isn’t something to be taken lightly. But it can’t ruin your life. Take it seriously, get help, and follow the rules. Make better decisions in the future. Need legal help? Always speak with a capable experienced Kansas City criminal defense lawyer.