DWI vs DUI in Missouri 

When it comes to driving under the influence of alcohol or drugs, many Missouri drivers ask about the difference between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI). In Missouri, DUI and DWI are legally equivalent, but the state also recognizes a distinct category for impaired driving: DUID. This stands for "driving under the influence of drugs" and can be issued if an officer suspects the driver is impaired by any drugs. 

At Walker Law LLC, I provide comprehensive legal support for individuals who face DWI and DUID charges in Chesterfield, Missouri. I'm committed to guiding you through every step of the process, from understanding your rights and potential penalties to developing a strategic defense for your unique circumstances. With my extensive experience and dedication to client advocacy, you can trust Walker Law LLC to be a steadfast ally in your time of need. 

In this post, I'll clarify the difference between DWI and DUID in Missouri, outlining the penalties and implications. Understanding this will help you stay informed and prepared, ensuring you make well-informed decisions if you or someone you know faces a DWI/DUID charge. 

Definitions and Distinction Between DWI and DUID 

Driving While Intoxicated (DWI) and Driving Under the Influence of Drugs (DUID) are serious offenses in Missouri, each with unique definitions and penalties. Understanding these distinctions is important for anyone facing charges related to impaired driving. 

DWI (Driving While Intoxicated) 

DWI refers to operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher for drivers over 21. For commercial drivers, the BAC threshold is 0.04%, and for drivers under 21, it is just 0.02%. The law also applies to those impaired by alcohol regardless of BAC if they cannot safely operate a vehicle. 

DUID (Driving Under the Influence of Drugs) 

DUID refers to operating a vehicle while impaired by any controlled substance, including prescription drugs, over-the-counter medications, and illegal substances. Unlike DWI, DUID does not rely on a specific measurable level of the substance but rather on the impairment observed and documented by law enforcement. 

Key Terms and Concepts 

• DWI (Driving While Intoxicated): Operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher 

• BAC (Blood Alcohol Concentration): The percentage of alcohol in a person's bloodstream 

• Chemical test: A procedure used to measure BAC through breath, blood, or urine tests 

• Implied consent law: Missouri law requires drivers to submit to chemical tests if suspected of DWI 

Penalties for DWI Offenses  

The penalties for a DWI conviction in Missouri can be severe. First-time offenders may face fines, license suspension, mandatory alcohol education programs, and possible jail time. Repeat offenders, however, can expect significantly harsher consequences, including longer jail sentences, higher fines, extended license suspension, and mandatory installation of an ignition interlock device. Additionally, repeat offenders may be required to undergo substance abuse treatment and evaluation. 

First Offense 

• License suspension: 90 days (possible restricted driving privilege after 30 days) 

• Fines: Up to $500 

• Imprisonment: Up to 6 months 

• Other: Mandatory Substance Abuse Traffic Offender Program (SATOP) 

Second Offense 

• License revocation: One year 

• Fines: Up to $1,000 

• Imprisonment: Up to 1 year 

• Other: Ignition interlock device required for reinstatement 

Third Offense (and subsequent offenses) 

• License Revocation: 10 years 

• Fines: Up to $5,000 

• Imprisonment: Up to 7 years 

• Other: Felony charges, extended SATOP, ignition interlock device 

Penalties for DUID Offenses 

The penalties for DUID mirror those for DWI, emphasizing the severity of driving under the influence of any impairing substance: 

First Offense 

• Up to 6 months in jail 

• Fines up to $500 

• License suspension for 90 days 

Second Offense 

• Up to 1 year in jail 

• Fines up to $1,000 

• License revocation for 1 year 

Third Offense 

• Up to 4 years in prison 

• Fines up to $10,000 

• License revocation for 10 years 

Refusing a Chemical Test 

Refusal to submit to a chemical test results in: 

• First refusal: 1-year license revocation 

• Second refusal: 2-year revocation 

• Third and subsequent refusals: 3-year revocation 

Understanding the Legal Process in Missouri 

After your arrest, you will go through several stages, including arraignment, pre-trial hearings, and potentially a trial. A knowledgeable attorney can guide you through each step, explain your options, and advocate for your best interests. I will work closely with you, keeping you informed and involved throughout the process, and strive to achieve the best possible outcome for your case. 

Arrest 

When a driver is stopped by law enforcement and suspected of DWI or DUID, the officer will conduct field sobriety tests and potentially a preliminary breath test. If there is probable cause, the driver will be arrested and taken to a detention facility for further testing. 

Chemical Testing 

Missouri's Implied Consent Law means that by driving, you automatically consent to BAC testing. Refusing to submit can result in immediate license suspension and other penalties. 

Administrative Actions 

Upon arrest, the Department of Revenue (DOR) can take administrative action against a driver’s license. This includes suspension or revocation, independent of criminal charges. 

Court Proceedings 

The driver will face criminal charges in court, where they may enter a plea. The case may go to trial if the defendant contests the charges. 

Legal Implications and Advice 

Whether you’re facing DWI or DUID charges, penalties increase with subsequent offenses, reflecting Missouri's commitment to curbing impaired driving. Defendants should seek comprehensive legal advice to explore all possible defenses and mitigate the impact of these serious charges. 

For instance, challenging the validity of the traffic stop, the accuracy of sobriety tests, or the handling of chemical tests can be effective strategies. A skilled attorney can examine the unique aspects of your situation and present your case in the best possible light, potentially leading to reduced charges or alternative sentencing options such as treatment programs. 

How to Handle a DWI/DUID Charge in Missouri 

If you find yourself facing a DWI/DUID charge in Missouri, I recommend you take immediate steps to protect your rights and build a strong defense. First and foremost, remain calm and cooperative with law enforcement officers. Avoid making any self-incriminating statements and request to speak with an attorney as soon as possible. Document any details about the arrest, including the circumstances leading up to it, the behavior of law enforcement officers, and any tests or procedures conducted. This information can be valuable in building your defense. 

Importance of Legal Representation

Missouri's DWI and DUID laws are stringent, reflecting the state's commitment to road safety. Being informed about the legal process, penalties, and defense strategies can significantly impact the outcome of a DWI or DUID case.  

When facing DUI or DWI charges, seeking legal representation from an experienced criminal defense attorney can make a substantial difference in achieving a favorable outcome. At Walker Law LLC, I understand Missouri's DWI laws and have a proven track record of successfully defending clients facing these charges. I will work diligently to protect your rights, thoroughly investigate the circumstances of your arrest, and develop a strong defense strategy specific to your unique case. 

Call for Defense Representation in Chesterfield, Missouri

If you or someone you know is facing DWI charges in Chesterfield, Missouri, or throughout Town and Country, Cottleville, St. Louis County, and Charles County, I encourage you to reach out to Walker Law LLC. With my experience as a criminal defense attorney and my commitment to protecting your rights, I will provide the guidance and support you need during this challenging time. Don't face these charges alone—contact me today to schedule a consultation and start building your defense.