INNOCENT UNTIL PROVEN GUILTY!
DEFENDING LIBERTY AND FREEDOM
Trusted DWI
LAWYER
in Missouri
List of Topics Covered
- DWI Laws
- Penalties
- Alcohol Interlock Device
- Expungement of Conviction
HIGHLIGHTS OF MISSOURI DWI/DUI LAW:
Definitions, as defined in Missouri Statute: 577.001 RSMo. (1) “drive”,” “driving,” “operates,” or “operating” means physically driving or operating a motor vehicle. (2) As used in this chapter, a person is in an “intoxicated condition” when he is under the influence of alcohol, a controlled substance, or drug, or a combination thereof. To navigate the legal complexities surrounding DWI charges, seeking the assistance of a skilled DWI lawyer in Missouri is crucial.
Missouri Revised Statute 577.010 is the core DWI/DUI Statute in Missouri. It describes the required elements of the offense and the penalties. It is applicable in all Counties in the State.
577.010 RSMo.: Driving While Intoxicated: A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated or drugged condition. It is very important for the reader to note that the Statute is not limited to alcohol, and “drugged” can include drugs taken under prescription. An experienced DUI attorney can help navigate the nuances of your case effectively.
577.012 RSMo.: Driving with excessive blood alcohol content: When a person operates a motor vehicle in Missouri with a blood alcohol content (BAC) of .08 or higher, they commit the offense of “driving with excessive blood alcohol content.” While this offense is often considered less severe than a DWI, recent legal changes indicate that amending a DWI charge to a BAC charge may not mitigate the consequences of a conviction. Therefore, it is advisable to consult with an experienced DWI lawyer to explore alternative defense strategies that may be more effective in addressing the charges you are facing.
PENALTIES FOR VIOLATION: The penalties for violation of the laws relating to DWI/DUI and BAC normally fall into two categories. First are the Criminal penalties for violation of the relevant statute, which may be imposed by the Court. These penalties include things like fines, possible jail time, community service and completion of educational programs.
The Second type of penalties are civil in nature and come from the Missouri Department of Revenue, Driver’s License Bureau, in the form of License suspensions and revocations. For purposes of discussion here, I will focus on the Criminal penalties only. An entire separate page is devoted to the Civil penalties.
Under 577.010.2 RSMo., Driving while intoxicated, and also 577.012.3 RSMo., Driving with excessive blood alcohol content (BAC), are, for the first offense, a class B misdemeanor. What this means is that even on a first offense, the range of punishment available to the Court is up to 6 months in jail and/or fines which vary.
Fortunately, the maximum is rarely ever imposed. The keywords are “up to”, meaning the Judge is free to sentence anywhere within this range. The Court may grant complete probation, and in certain situations, the Court may even be willing to grant a Suspended Imposition of Sentence (S.I.S.), which, under Missouri law, is not a conviction. For this reason, it is very important to choose experienced legal counsel.
Attorney Steven Groce has been practicing law in this area and defending people charged with DWI or DUI violations in Missouri for going on 34 years. An experienced DWI lawyer is your best defense and obtaining representation by a DWI Attorney as early as possible after being charged or arrested is the best thing that anyone facing prosecution can do. SEE BELOW THE STATUTES FOR DWI LAW AND PENALTIES FOR 3RD AND SUBSEQUENT VIOLATIONS.
CHAPTER 577 RSMo., DWI, DUI, Chapter 577.001 through 577.718
Link to Penalties under Missouri Statute. This information is always subject to change and does change on a regular basis. Readers must review the Missouri Statutes as they currently exist and stay informed of important changes. (Always Check for recent revisions). Steven F. Groce, Attorney 417-883-4950
As stated above, it is very important to choose experienced legal counsel. Attorney Steven Groce has been practicing law in this area and defending people charged with DWI, DUI, and DRUG INTOXICATION violations in Missouri for going on 33 years.
An experienced DWI Lawyer is your strongest advocate, and securing the services of a DWI attorney with expertise in handling cases related to driving while intoxicated, driving under the influence, and drug intoxication in Missouri is paramount immediately following charges or arrest. Choosing reputable legal counsel is the most effective step for anyone facing prosecution in these circumstances.
EXPUNGEMENT OF CONVICTION FROM RECORDS
EXPUNGEMENT in Missouri, Chapter 610.11- through 610.225: One of the most overlooked Statutes dealing with DWI offenses in Missouri Law is also one of the most important. It is the Missouri Statute dealing with expungement of DWI/ BAC convictions from a person’s record.
The Statute is limited in use, but where available, it will not only remove (expunge) the conviction from a person’s criminal record, but it will also remove it from the person’s driving record. The expungement of a conviction makes a huge difference regarding employment, insurance, etc. It can also make a big difference if a future conviction should ever occur. The reader should note that it will be too late to seek expungement of a prior conviction once a second offense is charged.
Steven F. Groce, Attorney
Office located in Springfield, Missouri.