Missouri 1st Offense DWI
A Missouri first offense DWI is a Class B Misdemeanor offense and carries the following fines and penalties:
Jail time: A first offense can result in up to a maximum of 6 months in jail. There is no mandatory jail sentence.
A first-time conviction for driving while intoxicated or driving with excessive blood- alcohol content will result in the assessment of 8 penalty points on the person’s driver’s license.
A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met.
Furthermore the rule states the following regarding Suspended Imposition Sentence:
“3. Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence:
- Unless such person shall be placed on probation for a minimum of two years; or
(2) In a circuit where a DWI court or docket created under section 478.007 or other court- ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person’s blood, unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program.
5. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:
(1) If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than forty-eight hours;
(2) If the individual operated the vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than five days.”
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Attorney Thomas Kissell of Kissell Law Group is an experienced criminal defense attorney who has personally handled 1000s of cases all across the State of Missouri. If you, or someone you love is currently facing charges, contact us today!Contact Us Today