If you have been pulled over in Missouri for suspected impaired driving, you may hear the terms “DWI” and “DUI” being used interchangeably. However, it is important to understand the difference between these two terms for anyone facing charges related to driving under the influence of alcohol or drugs. While some states use DUI as their primary charge for this offense, Missouri takes a different approach, which can significantly impact the outcome of your case.
Understanding Missouri’s DWI Classification
In Missouri, the main charge for driving while impaired is DWI (Driving While Intoxicated). This is defined in Section 577.010 of the Missouri Revised Statutes. A person is guilty of DWI if they operate a vehicle in an intoxicated or drug-impaired condition. The law defines intoxication as a blood alcohol content (BAC) of 0.08% or more, or if alcohol, drugs, or both impair a person’s ability to drive safely.
Unlike other states, which maintain separate DUI charges, Missouri has consolidated most such offenses under a single DWI umbrella. This means that if you are accused of driving while under the influence of alcohol, prescription medications, illegal drugs, or even marijuana (with a medical license), you typically face DWI charges.
The Limited Role of DUI in Missouri Law
Missouri still recognizes DUI as a separate offense, but it only applies to minors. Under Missouri’s zero-tolerance policy for underage drinking and driving, drivers under the age of 21 can be charged with DUI even if they have a detectable amount of alcohol in their system, even below the 0.08% limit that applies to adults. This is due to Missouri’s strict approach to underage drinking while driving.
For drivers 21 years old and over, the distinction between “DUI” and “DWI” essentially disappears. Regardless of whether someone colloquially refers to the charge as “DUI” or “DWI”, the legal charge in Missouri is DWI, with all the associated penalties and consequences.
Why This Distinction Matters for Your Case
Understanding that Missouri prosecutes impaired driving primarily under the DWI law has several practical implications:
Legal Research and Precedent
When researching your rights or looking for relevant case law, it is important to search for Missouri DWI (Driving While Intoxicated) statutes and cases, rather than DUI (Driving Under the Influence) cases. The legal standards, defenses, and procedures for DWI cases are based on the DWI framework, so it is essential to use the correct terminology when searching for relevant information.
Penalties and Sentencing
Missouri’s DWI laws clearly define the penalties for driving while intoxicated, with increasing consequences for repeat offenders. A first DWI is typically considered a Class B misdemeanor, but the penalties can increase significantly for subsequent offenses, potentially resulting in felony charges with the third offense, depending on the circumstances.
Administrative License Suspension
Missouri operates under an administrative license suspension system, which means that you face two separate processes: a criminal DWI charge and an administrative action against your driver’s license. You have as little as 15 days to request an administrative hearing to challenge the suspension of your driving privileges.
Professional Consequences
For professionals with CDLs, medical, teaching or other relevant licenses, a DWI conviction (driving while intoxicated) can have serious career implications. It is important to use the exact terminology when reporting to licensing authorities and understand the full range of consequences.
The Complexity of Modern DWI Defense
The law in Missouri regarding driving while intoxicated (DWI) has become increasingly complex, especially with the introduction of medical marijuana. The state’s laws on marijuana create unique challenges for DWI cases, as a valid medical marijuana card does not provide immunity from charges if the driver is impaired while driving.
Effective DWI defense requires an understanding of the National Highway Traffic Safety Administration’s standardized field sobriety tests, breathalyzer calibration and maintenance requirements, and blood testing procedures. Small errors in the way evidence is collected can make a significant difference in the outcome of a case, leading to a conviction or dismissal.
Take Action Immediately
Time is of the essence in DWI cases. The deadline for challenging a license suspension can arrive quickly, so it’s crucial to preserve evidence from the time of arrest. Whether you are a professional driver whose livelihood depends on a license or a medical practitioner whose career is at risk, understanding Missouri’s approach to DWI charges is the first step in building an effective defense.
If you are facing DWI charges in Missouri or Illinois, contact Mueller Law Group, LLC for a free consultation.