What is the difference between a DWI 2ND conviction in one year in the state of Missouri ?
December 11th, 2009
I was wondering on my husband’s behalf what the difference was between a dwi conviction and a dwi offense? He got a second dwi in one year and was told he was getting a one-year revocation of his license. I read on the computer something about a five-year license denial. What does this mean? He did not kill or assault anybody. He did have an accident to which his insurance took care of. He was told he was eligible to reinstate in one year, but he had to retake the drivers exam. Please clear this up for me. All Missouri Police and lawyers are welcome to answer this. Any websites are helpful. What is is the difference between a five-year license denial and a one-year revocation. No felony was put on his record. Serious answers only. I will vote on the best answer – ten points, thanks!
Your license can be revoked for one year for having been arrested for DWI (DWI offense). This is just for being arrested for DWI. In addition, if convicted, your license can be revoked for 5 years (revocation and denial, I believe, are the same thing).
Just a note – even though no one was killed while he was driving drunk, to the state, he COULD have. DWI fatal accidents are a HUGE problem in Missouri and even though nothing happened this time, it could. Also, the fact that he didn’t learn his lesson after the first time means that your husband is at a much higher risk for driving drunk again, and the more times he drives drunk, the more chances he has to seriously hurt someone. And, the state knows that just because he’s only been caught twice does not mean that he only drove drunk twice…. it’s usually like 10 or 20 times more than that. And a side note – if he gets another one at any time in the rest of his life, he’ll have his license revoked for 10 years and he can’t get it back even after 10 years unless he gets a court order
All of that being said, here is some information for you.
1st offense:
Conviction of a first DWI is a Class B misdemeanor.
JAIL: Up to a maximum of six (6) months imprisonment.
FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.
PROBATION: The general terms of probation are no drinking, do not break the law, go to SATOP, etc. Probation usually lasts 1 to 2 years. A conviction with probation is commonly referred to as a “Suspended Execution of Sentence” or SES.
SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DUI results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available. This suspension goes on the person’s driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver’s license.
2nd offense:
Conviction of a second DWI within a five year period is a Class A misdemeanor.
JAIL: Up to a maximum of one year in jail.
FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00.
PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 10 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will often be for a one or two year period.
REVOCATION OF DRIVER’S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person’s driving record. Twelve points are assessed against the driver’s license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.
December 11th, 2009 at 7:20 pm
Your license can be revoked for one year for having been arrested for DWI (DWI offense). This is just for being arrested for DWI. In addition, if convicted, your license can be revoked for 5 years (revocation and denial, I believe, are the same thing).
Just a note – even though no one was killed while he was driving drunk, to the state, he COULD have. DWI fatal accidents are a HUGE problem in Missouri and even though nothing happened this time, it could. Also, the fact that he didn’t learn his lesson after the first time means that your husband is at a much higher risk for driving drunk again, and the more times he drives drunk, the more chances he has to seriously hurt someone. And, the state knows that just because he’s only been caught twice does not mean that he only drove drunk twice…. it’s usually like 10 or 20 times more than that. And a side note – if he gets another one at any time in the rest of his life, he’ll have his license revoked for 10 years and he can’t get it back even after 10 years unless he gets a court order
All of that being said, here is some information for you.
1st offense:
Conviction of a first DWI is a Class B misdemeanor.
JAIL: Up to a maximum of six (6) months imprisonment.
FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.
PROBATION: The general terms of probation are no drinking, do not break the law, go to SATOP, etc. Probation usually lasts 1 to 2 years. A conviction with probation is commonly referred to as a "Suspended Execution of Sentence" or SES.
SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DUI results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available. This suspension goes on the person’s driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver’s license.
2nd offense:
Conviction of a second DWI within a five year period is a Class A misdemeanor.
JAIL: Up to a maximum of one year in jail.
FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00.
PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 10 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will often be for a one or two year period.
REVOCATION OF DRIVER’S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person’s driving record. Twelve points are assessed against the driver’s license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.
References :
DWI offense two years ago – have never driven intoxicated since!
general information for Missouri
http://www.1800duilaws.com/states/mo.asp
go here for info from the State
http://www.dor.mo.gov/mvdl/drivers/dwiinfo.htm