i have to file an order of reinstatement with the scott co. circuit court where i lost my licence at to get my driving privileges back.can i do this...
There seems to be a lot of confusion on the new DWI laws in Missouri. While many things have changed, the 1st DWI offense has remained in tact for...
Missouri DWI Charges
In Missouri, drunk driving is referred to as DWI (Driving While Intoxicated). There are two seperate statutes in Missouri - Driving While Intoxicated (DWI) and Driving with excessive blood alcohol content (Per Se DWI). Because they are two seperate statutes, they are two seperate crimes. Thus each drunk driving suspect in Missouri can be charged for one or both of the following offenses.
The various Missouri drunk driving charges explained
DWI: A person commits a DWI offense in Missouri if he/she operates a vehicle while intoxicated or under the influence of drugs. In order to sustain this charge, the prosecutor must prove that at the time the defendant operated the vehicle, he/she was under the influence to the extent they were impaired.
Per Se DWI: Under the Driving with excessive blood alcohol content law, a "per se" DUI law, a person is guilty of DWI if their blood alcohol content is .08 or higher at the time they were operating a vehicle. The prosector does not have to prove that the defendant was driving in an impaired manner. Proof that their blood alcohol content was .08 or higher is enough.
Under 21: If you are under the age of 21 it is illegal to drive with a BAC of .02 or higher.
Every person arrested for DWI in Missouri faces two seperate legal actions that arise from the same DWI offense. Both a criminal case for prosecution of the charges listed above, as well as an adminstrative civil case will be filed against each offender. If you have been arrested for DWI in Missouri, contact one of our pre-screened local attorneys for more information.
Warning:
After a Missouri DWI arrest, you only have
15 days
to request a hearing through the Department of Revenue to save your license.
Don't lose your important rights. Contact the listed attorney in your county or zip code for a free case review and the peace of mind of knowing that nothing will get missed in your case.