Third Offense DWI in Missouri

If you a facing a third offense DWI in Missouri, you are probably wondering what the outcome of your case will be. Anyone who is operating a motor vehicle while intoxicated is breaking the law, and a third offense is considered to be serious indeed, as the state of Missouri deems it a Class D felony.

Missouri DWI laws are fairly strict, and the wrong advice could get a repeat offender 5 to 10 years in the state prison as a “persistent offender”. The only way a person can get probation for a third offense is to serve a minimum of ten days in jail or complete sixty days of community service while under supervision.

Penalties of a Third Offense Missouri DWI

Consequences of a third offense DWI in Missouri include:

• A felony charge
• Mandatory drug and alcohol treatment program
• A fine of up to $5000.00
• Extended probation
• A 10 year revocation of your driver’s license
• A Mandatory Ignition Interlock Device on your vehicle
• Limited Driving Privileges w/Interlock Device if granted by the court

Plea Options for Third Time Offenders in Missouri

To avoid a trial, many third time offenders seek a plea bargain, which can reduce or even dismiss some of the DWI charges. This can be important to those who have committed a third offense, as a plea bargain may allow them to avoid serving time in jail or keep their driver’s license.

The Missouri “Per Se” Law

Missouri law considers an individual a drunk driver if he or she has a blood alcohol level of 0.8% or more in tests given up to three hours after the DWI offense. Breath, saliva, and urine tests may also be used to gauge the level of intoxication. There is a “per se” law in the state of Missouri, which allows the arrest and subsequent conviction of people who have this blood alcohol level even if they can prove their ability to drive was not impaired by alcohol consumption.

Both Civil and Criminal

If you are stopped for a third offense DWI in Missouri and refuse to take a blood alcohol test to confirm your level of intoxication, you will lose your license just as those who scored a reading of 0.8% do. A Missouri DWI case has both a civil and a criminal portion, and the outcome of one is not dependent on the outcome of the other. In a third DWI offense, the civil action is the license suspension.

Getting Legal Help

The frustrations and anxiety that can be caused by a third offense DWI in Missouri are many, and you may not know who to turn to in order to get the answers you are seeking. Consulting an attorney who is skilled in the nuances of DWI law can help to increase your chances of a winning conclusion to your case.