What Is the Difference Between a DUI & a DWI in Missouri?
In the state of Missouri, there is no recognized difference between driving while intoxicated (DWI) and driving under the influence (DUI). Missouri does not use the term DUI for driving under the influence of alcohol; it prefers to use DWI. In cases where drugs are involved, Missouri has laws against driving under the influence of drugs (DUID).There are also laws that apply to the lesser charge of excessive blood alcohol content.
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Driving While Intoxicated
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In Missouri, a DWI is given when an adult driver is operating a motor vehicle with a blood alcohol content (BAC) level of .08 or higher or when the driver is under 21 years of age and is operating a motor vehicle with a BAC level of .020 or higher.
Penalties for DWI
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According to alcoholalert.com, in Missouri, the first intoxication offense is a class B misdemeanor, the second is a class A misdemeanor and the third and any subsequent offense is a class D felony. Penalties include: up to six months in jail, up to $500 in fines, paying court costs, alcohol assessment and screening, alcohol education through the Substance Abuse Traffic Offenders Program (SATOP), probation for two years, possible installment and use of an ignition interlock device during probation and, if convicted, 8 points added to your driver's license. An administrative hearing is held within the first 15 days of the offense to determine whether the driver will be permitted to keep his license. Most people aren't told of this first hearing and miss it. This results in an automatic license suspension. Always contact a lawyer immediately after receiving a DWI charge.
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Excessive Blood Alcohol Content
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Excessive blood alcohol content is the charge given when a DWI charge is reduced, or when the blood alcohol level is under .08. This typically means you will be assessed points on their drivers license and may lose your license for 30-90 days.
Driving Under the Influence of Drugs
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Driving under the influence of drugs (DUID) typically is treated as a drug-related DWI. DUID laws in Missouri make it illegal to operate a motor vehicle while under the influence of any drug, whether it is narcotic, illegal, or over the counter. This means that the penalties are the same whether you are under the influence of cocaine, prescription drugs or cold medicine.
Penalties for DUID
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Penalties for driving under the influence of drugs are similar to driving while intoxicated, although it is difficult to prove a DUID unless the officer is trained in drug recognition. Drug possession charges may also apply in these cases.
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