Third or Subsequent DWI Offense
Conviction of three or more DWIs within 10 years may mean that the driver is deemed to be a "persistent offender" and guilty of a Class D Felony. There will also be a 10-year denial of driving privileges. Penalties can include:
- Jail: Up to five years in prison.
- Fine: Up to $5,000, plus court costs between $10 and $100.
- Probation: Missouri law prohibits a suspended execution of sentence for a felony DWI. The court may suspend execution of sentence after 10 days in jail or 60 days of community service. The defendant is then placed on probation.
- Revocation of driving privileges: Upon a third or subsequent criminal conviction for DWI, the defendant's driver's license is revoked for 10 years, regardless of how old the two prior convictions are. These suspensions go on the person's driving record. If convicted of a felony DWI, no hardship license is available. If the DWI is a third offense, but not a felony, a hardship license may be applied for after three years. The court must also require that a person be restricted to driving a motor vehicle that has an ignition interlock device while on probation. The device costs $50 to $100 to install and $50 to $75 per month to maintain.
Missouri Implied Consent
Everyone who operates a motor vehicle in the state of Missouri gives his or her consent to have their breath, blood, urine, or other bodily substances tested for alcohol and/or drugs. This is known as Missouri's implied consent law. You are presumed to know and understand your rights and responsibilities concerning the testing of your breath or bodily fluids in relation to a DWI arrest.
The arresting officer will choose what type of test to administer. Under Missouri law, however, you are allowed 20 minutes to contact an attorney about whether you should submit to a test.
You also have the right to obtain your own test of your body fluids by a physician, qualified technician, chemist, registered nurse, or other qualified person after you have submitted to the officer's requested test.
Driver's License Consequences
In a Missouri DWI arrest, there are two separate cases: the court case and the driver's license case, which is filed by the Department of Revenue against the driver's license. If you are arrested for DWI, you have only 15 days from the date of arrest to have a hearing.
If you have been charged with a Missouri DWI in the Kansas City metro area, you need qualified and experienced legal counsel on your side. Remember that time limitations apply. Don’t let the 15-day window from the time of your arrest slip by. Contact the KC Traffic Lawyer, who can give you a solid chance of avoiding a DWI conviction.