Missouri Department of RevenueStrengthening Missouri's DWI Laws
House Bill 1695, effective August 28, 2010, changes the laws regarding repeat alcohol offenders and drivers with high blood-alcohol levels, including the laws that affect a person's driving privilege. Among other changes, the new law:
- Creates a centralized reporting database to track all driving-while-impaired offenses, from arrest to disposition;
- Prevents municipal courts from hearing an intoxication-related case if the offender has two or more “intoxicated-related” offenses, or two or more “alcohol-related” offenses;
- Establishes DWI courts to facilitate treatment for repeat offenders and drivers with high blood-alcohol levels;
- Establishes criteria for qualifying participants and graduates of a DWI court program to obtain a court-ordered limited driving privilege;
- Prohibits a first alcohol-related driving offense from being expunged from a person’s record if the person has another alcohol-related contact on record, or another alcohol-related action pending.
Questions
- Can a DWI Court grant me a limited driving privilege when I participate in or graduate from its program, if I have more than one alcohol-related traffic offense on my record?
- I've heard that if my case is in a DWI Court, and I plead guilty to or am found guilty of a first-time driving while intoxicated offense, and my blood alcohol concentration is .15%, I would not be eligible for a suspended imposition of sentence (SIS) for the alcohol-related traffic offense. Is this true?
- What will the DWI Court program consist of?
- Is there a fee to participate in a DWI court program?
- When is the earliest I can be issued a limited driving privilege if I am a participant in or graduate of the program?
- Am I required to have an SR-22 insurance filing if a DWI Court has issued me a limited driving privilege?
- Am I required to have an ignition interlock device in my car if a DWI Court has issued me a limited driving privilege?
- If I have a first alcohol-related driving offense on my record that is over 10 years old and now I have a new one pending in court, can I have the old alcohol-related offense expunged from my record?
- You are placed on probation for a minimum of two years; and
- You successfully complete the DWI court or court-ordered treatment program.
Can a DWI Court grant me a limited driving privilege when I participate in or graduate from its program, if I have more than one alcohol-related traffic offense on my record?
Yes. Section 302.309.3(9) now allows a DWI Court to grant a limited driving privilege to a participant or graduate of the program who may otherwise be ineligible for limited driving privilege. If you are granted a limited driving privilege by the DWI Court, the Department of Revenue will update your driving record to show the limited driving privilege.
I've heard that if my case is in a DWI Court, and I plead guilty to or am found guilty of a first-time driving while intoxicated offense, and my blood alcohol concentration is .15%, I would not be eligible for a suspended imposition of sentence (SIS) for the alcohol-related traffic offense. Is this true?
No. In a county in which there is a DWI court, you may receive an SIS so long as:
What will the DWI Court program consist of?
The program will combine judicial supervision, drug testing, continuous alcohol monitoring, substance abuse traffic offender program compliance, and treatment.
Is there a fee to participate in a DWI court program?
A DWI Court may assess you with any and all necessary costs of your participation.
When is the earliest I can be issued a limited driving privilege if I am a participant in or graduate of the program?
You must complete a minimum of 45 days of participation in the program and be approved by the DWI Court.
Am I required to have an SR-22 insurance filing if a DWI Court has issued me a limited driving privilege?
Yes. You are required to maintain an SR-22 insurance filing for the duration of your limited driving privilege.
Am I required to have an ignition interlock device in my car if a DWI Court has issued me a limited driving privilege?
Yes, if you have more than one alcohol-related enforcement contact.
If I have a first alcohol-related driving offense on my record that is over 10 years old and now I have a new one pending in court, can I have the old alcohol-related offense expunged from my record?
No. The new law prohibits the Department of Revenue from expunging the alcohol-related driving offense from your record because you have another alcohol-related offense pending.