March 22, 2012 (Press-News.org) Drunk Driving Penalties in Missouri: Driver's License Suspension
Anyone convicted of driving while intoxicated in Missouri faces numerous penalties. These penalties are both criminal in nature, such as fines and potential jail time, and administrative, which includes potential driver's license suspension or revocation. While all penalties are severe, when a DWI removes a person's ability to get to work or to other essential locations it can be life-changing. Thus, many charged with a DWI worry about retaining the legal ability to drive.
At the time of arrest, the officer will give the person notice that he or she cannot drive after 15 days from the arrest. The officer may include a 15-day driving permit on this notice. The notice will also allow the arrestee to request a hearing; if a hearing is requested, the driver's license suspension or revocation will not begin until 15 days after a decision is mailed to the person charged with DWI. The administrative hearing will determine if the license suspension will be upheld or overturned. If, at the hearing, the driver's license suspension is upheld, the person can appeal to the circuit court.
Additionally, upon the conviction for a DWI, the court will send notice to the Missouri Department of Revenue, which will assess points against the convicted person's driving record.
For a First-Offense DWI
Even a first-offense DWI results in a 30-day driver's license suspension. At the end of the 30 days, the driver is eligible for a 60-day restricted driver's license. A restricted driving permit allows the driver to take the car to work, school, doctor's visits and a few other locations essential to daily activities.
After those 90 days, the driver can reinstate his or her full driving privileges, so long as he or she meets all of the state's requirements. These requirements are:
-Completion of the Substance Abuse Traffic Offender Program
-Proof of financial responsibility, completed through Form SR-22
-A reinstatement fee
Anyone under 21years of age is subject to a 90-day license suspension, even for a first offense.
Second or Subsequent DWI
Penalties grow stricter if it is a second conviction. No matter when the previous conviction occurred, a second DWI may result in a one year license suspension. If the DWI conviction was less than five years previous to the current conviction, that suspension may increase to five years. In order to have the driver's license reinstated, a person convicted more than one offense must install an Ignition Interlock device, which checks the driver's BAC periodically while operating the vehicle.
A third or subsequent DWI conviction results in a 10-year license suspension. Even once that suspension ends, the driver's license can only be reinstated by a court order.
With the potential for life-altering penalties, it is essential to contact an experienced DUI defense attorney to ensure your rights are protected and to possibly mitigate some of the severe penalties associated with a DWI.
Article provided by Zolman Law Firm
Visit us at http://www.criminallawattorneystlouis.com
Drunk Driving Penalties in Missouri: Driver's License Suspension
Anyone convicted of driving while intoxicated in Missouri faces numerous penalties. These penalties are both criminal in nature, such as fines and potential jail time, and administrative.
2012-03-22
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[Press-News.org] Drunk Driving Penalties in Missouri: Driver's License SuspensionAnyone convicted of driving while intoxicated in Missouri faces numerous penalties. These penalties are both criminal in nature, such as fines and potential jail time, and administrative.