What Happens If You Get 3 Dwi In Missouri

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What Happens When You Get 3 DWI's In Missouri?

No one wants to find themselves in the position of having to face the legal consequence of a DWI charge in Missouri, let alone 3! A DWI, or driving while intoxicated, conviction can lead to serious consequences ranging from fines and jail time, to license suspension and a criminal record.

Unauthorized Taking of a Motor Vehicle – Class D Felony

In Missouri, anyone convicted of 3 DWI’s within the same 10-year span may face charges of unauthorized taking of a motor vehicle according to a Class D felony, as stated by the Missouri Revised Statutes under chapter 570.030. If found guilty of this crime, the individual could face a prison sentence of up to 7 years, up to 3 years of probation, or up to a $20,000 fine.

The illegal taking or “joy riding” of a motor vehicle is regarded as a Class D felony because it is a more serious version of the typical theft of motor vehicle. A person guilty of joy riding may be required to pay restitution in addition to time in prison or probation and fines.

Suspension Of Driver’s License – Mandatory

A DWI in Missouri can result in a mandatory suspension of the offender’s license for a period of 30 days upon being convicted for the first time and 120 days upon being convicted for the second time. Upon the third conviction for DWI within a 10-year span, the court will revoke the offender’s driver’s license for a period of 5 years.

If the individual is found driving with a suspended license before the 5-year period is completed, then they will be subject to a 1 year jail sentence, fines, and an extension of the suspension.

Required Wear Of A SCRAM Device

SCRAM stands for Secure Continuous Remote Alcohol Monitoring, and the device is a bracelet worn on an offender’s ankle that is used to track alcohol consumption. For those convicted of a third DWI in Missouri within the same 10-year span, the judge may require the use of this device, in addition to any other penalties related to the charge.

Alcohol/Substance Abuse Evaluation And Treatment

In addition to fines, jail time, and/or license revocation, a judge may also require those convicted of 3 DWI’s in Missouri within the same 10-year period to undergo an alcohol and substance abuse evaluation and treatment.

Typically, the offender will be supervised during treatment and monitored for compliance. If the offender refuses to participate in the treatment, then they may be mandated to some form of incarceration.

DWI Ignition Interlock Device

Ignition interlock devices, which are breathalyzers connected to a motor vehicle’s ignition systems, are typically ordered by the court for offenders who have been convicted of DWI in Missouri. If ordered, an offender must install the device in any vehicle they will be operating for a specific period of time.

It is also important to note that the costs associated with installing and maintaining the device are the responsibility of the offender and must be paid out of pocket.

Out-Of-Pocket Expenses

Those convicted of DWI in Missouri may also be liable for out-of-pocket expenses such as court costs, defense attorney fees, drug and alcohol testing fees, and fees associated with installing and using an Ignition Interlock Device.

On top of these costs, those convicted may also face a substantial increase in their car insurance rates, making it more difficult to purchase coverage in the future.

Alternatives To Conviction

Upon being charged with a third DWI in Missouri, the individual may be offered the chance to enter a plea bargain to reduce their punishment or have the charges reduced or dismissed. This could include anything from probation to drug court, depending on the circumstances.

These alternatives must be approved by a judge and may require the offender to complete additional steps, such as participating in an alcohol treatment program. It is important to remember that a plea bargain can never be guaranteed, and the penalty received will ultimately be decided by the court.

Missouri’s Implied Consent Law

Under Missouri’s implied consent law, individuals are automatically giving their consent to a chemical test for BAC when they are stopped by law enforcement for suspicion of a DWI. While consent can be denied, doing so could result in an administrative penalty, such as suspension of the individual’s license for 1 year.

In addition, if the person refuses to take a chemical test when found guilty of DUI, the sentenced imposed by the court may be extended to include additional probation, jail time, license revocation, and fines.

Conclusion

A DWI charge in Missouri can be a serious offense with a long list of serious consequences, including fines, jail time, license suspensions, and more. It is important to understand the differences between each offense, as each one can have an effect on a person’s life for years to come. If you find yourself charged with 3 DWI’s in Missouri, it is important to consult with an experienced DWI attorney about your legal rights.