While many people think it is no big deal, the consequences for DWI (Driving While Intoxicated) could be costly financially. When you are arrested for DWI, the authorities know that you are guilty – they simply give you a breathalyzer test and if you are over the limit while driving, then you are charged. Since the Department of Revenue knows that you are guilty, they take your license away and make it very difficult to get back.
The penalties extend far beyond merely legal consequences, however. All persons are required to carry auto insurance; if an insured motorist is charged with a DWI, then the insurance company frequently wants nothing more to do with you. While responses depend on the company, some will provide a proof of insurance to the Department of Revenue as required to get one’s license back. However, it will be like the Kiss of Death – they will frequently charge you thousands of dollars annually, not hundreds, to insure you. And the consequences could extend to the loss of one’s job. For instance, at Missouri Western, an athletic director lost his job due to a DWI that he was charged with a few years ago. Frequently, employers do not want the risk of having someone drunk on the job. Others do not want someone representing them who has been charged with a DWI.
The consequences will even affect family members. If you have a DWI and a family member is living in the same house with you, some insurance companies will do a spot check and charge substantially more for the family member even if they do not have a DWI on their record.
It will not do people any good to plea down to a lesser charge. The Missouri Department of Revenue will still administratively suspend or revoke one’s driver’s license even if the offense was pleaded down to a lesser offense. The only way to overturn such a penalty is through either an administrative hearing or a trial de novo.
In Missouri, a first conviction for DWI or Blood Alcohol Content (BAC) will result in a 90 day suspension. Missouri law is stricter for commercial vehicles; you can be convicted for driving a commercial vehicle with as little as .04% BAC. After 30 days, the driver may receive a 60-day restricted driving privilege and then is eligible for full reinstatement if all requirements are met. A person convicted of driving a commercial vehicle while intoxicated will be disqualified from driving a commercial vehicle for one year.
Penalties for multiple DWI’s are more severe. A person convicted of a second offense, regardless of the length of time between convictions, will normally receive a one year revocation for accumulation of points. A driver convicted a second time within five years may also receive a five year license denial. At the end of the five year period, the driver must petition the circuit court for reinstatement and register with the Missouri Automated Criminal History site for a criminal history check. A third offense will result in a 10 year denial and the driver must then petition the court for reinstatement. These denials and suspensions are in addition to any criminal penalties such as fines, imprisonment, and probation that courts may impose.
When asked by a law enforcement officer to take an alcohol or drug test, you are required to take the test. If the driver refuses to take the test, then the license is revoked for one year.
Before getting reinstated from a suspension, you must complete the Substance Abuse Traffic Offender Program (SATOP). They determine whether you are a low, medium, or high risk to repeat. It covers the consequences and human tragedy that is the result of DWI’s. A reinstatement fee of $45 is assessed and an SR-22, a proof of financial responsibility, must be filed. You must file and maintain proof of financial responsibility for two years or your license will be suspended again for the remainder of the two year period. For multiple offenders, drivers must install an Interlock Ignition Device to their vehicles for six months. If revoked for at least one year, drivers must take and pass the complete driver examination in order to get reinstated.
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