Basic Information about Missouri DWI / DUI

 

If you are charged with a DWI, there are likely two areas of law that you will have to address. One is the criminal charge brought against you for violation of a statute and the other is the administrative procedure by the Department of Revenue to determine the fate of your driving privileges.

 

Criminal DWI

Criminal conviction of the crime of Driving While Intoxicated (DWI), Driving with Excessive Blood Alcohol Content (BAC) and Driving Under the Influence of drugs (DUI) in Missouri is punishable by imprisonment, the imposition of fines, and the assessment of court costs. In addition, conviction of DWI, BAC, or DUI will result in 8 to 12 Points being assessed against the license of the driver convicted.

 

Administrative DWI

A person arrested in Missouri for DWI or DUI also may have their driving privileges reviewed by the Missouri Department of Revenue (DOR) The DOR can suspend or revoke a driver's license. Administrative regulations provide that the DOR require drivers to complete SATOP (State Alcohol Traffic Offenders Program), make an SR-22 insurance filing to prove financial responsibility, and pay a fee to have a license reinstated once the suspension or revocation period has passed and the driver is eligible for reinstatement.

 

Legal Blood Alcohol Content As Determined By Breathalyzer Testing

The Law presumes that you are impaired to a degree unsafe for driving if the test results in a reading of .08% for adults, .02% for minors. Missouri's implied consent law requires a driver to submit to a chemical breath alcohol test when arrested for DWI. Refusal to submit to the test will result in a one year revocation of a drivers license.

 

Field Sobriety Testing

There are three (3) field sobriety tests that make up the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing (SFST) battery; the horizontal gaze nystagmus (HGN) test, the walk-and-turn (WAT) test and the one-leg-stand (OLS) test.

 

SATOP (Substance Abuse Traffic Offender Program)

Missouri law requires that when a person's license has been suspended or revoked by the DOR for DWI or DUI, the person must participate in and successfully complete a Substance Abuse Traffic Offender Program (SATOP). SATOP is divided into two distinct parts. The first part of the program is a screening assessment of the drivers alcohol and substance use related to their driving behavior. The second part is the program is the driver's assignment to and completion of one of six programs which the screener deems appropriate.

 

The first part is an initial screening which will use a written test and an interview to determine the degree of treatment necessary to correct alcohol related usage. At the time of the initial appointment for screening, all applicants must pay a $125 "Supplemental Fee" and a $120 "Screening Fee" ($245.00 total)

 

The second part is the completion of the treatment program recommended by the qualified counseling professional at the initial screening. The possible programs are:

1. Offender Education Program (OEP)

OEP is a 10-hour education course designed specifically to assist lower risk, first-time offenders in understanding the choices they made that led to their intoxication and arrest. The course is premised on the idea that education is key to helping first-time offenders take responsibility for their actions.

2. Adolescent Diversion Education Program (ADEP)

ADEP is an education program for minors who may have received Abuse/Lose, Minor in Possession, or Zero Tolerance offenses.

3. Weekend Intervention Program (WIP)

WIP is a program level designed for repeat offenders or "high risk" first-time offenders. The WIP uses intensive education and counseling intervention methods over a marathon weekend of structured activities. The program is conducted in a restrictive environment.

4. Clinical Intervention Program (CIP)

CIP is a 50-hour outpatient counseling program consisting of individual counseling, group counseling, and group education. Ten hours must address DWI/DUI issues.

5. Youth Clinical Intervention (YCIP)

YCIP is designed for minors who have been identified through the screening process as having serious problems with substance abuse.

6. Traditional Treatment:

Individuals presenting for SATOP services having multiple alcohol or drug related traffic offenses, or those identified through the screening process as being at a “high risk” for chemical dependency, may receive a recommendation for more traditional treatment. Individuals may also choose, for a variety of reasons, to complete a traditional treatment program. This treatment may be in the form of a residential program or an intensive outpatient program but must be completed at a state certified, or nationally accredited, substance abuse treatment program.

 

 

The Spalding Partnership, LLP

16401 Swingley Ridge Road

Suite 110

Chesterfield, Missouri 63017

 

636-532-6100 telephone

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