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Thursday, February 14, 2013

Missouri DWI Laws

Missouri DWI Laws

When an individual is stopped/arrested upon probable cause that they were driving a vehicle while their blood alcohol level was over the legal limit, two separate sections of Missouri law govern the arrest and suspension/revocation of the driving privilege:

Criminal Alcohol Law

This law deals with the ticket that was issued. If an individual is convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to the individual’s driving record. Subsequently, an individual's driving privilege may be suspended or revoked for accumulation of points.  These charges can be Municipal or State Charges.

Administrative Alcohol Law

This law initiates a suspension or revocation of the driving privilege if an individual's blood alcohol content level is over the legal limit. This is an automatic suspension/revocation (unless appealed and won through the Administrative Hearing or Trial DeNovo process) even if the ticket was disposed of in court or reduced to a lesser charge.  You have NO Constitutional Rights when it comes to this area of the Law.  It must have been a day when the Appeals Court participants missed Law School!