Second Missouri DUI
June 9, 2021
RECENTLY ARRESTED FOR A SECOND DUI?
A second DUI in Missouri carries harsher consequences than a first, and depending on how much time there is between the two charges your outcome could be much worse. This is why hiring an attorney who understands Missouri DUI penalties and relevant law to represent you is extremely important.
A second DWI or DUI charge in Missouri is a serious offense. If you have been charged with a second DUI within 5 years of your first charge, then you will face stiffer penalties. There are many aspects to every DUI case that require the trained eye of an experienced Missouri DUI Attorney to properly evaluate and handle your case, and this is no less the case for a second Missouri DUI.
A missed deadline or failure to subpoena key evidence could be the difference between serving time or getting no jail time at all. One wrong move or one missed opportunity could wind up costing you your license for 1 year or up to 5 years.
**You ONLY have 15 days to file a Request for an Administrative Hearing or a Petition for Review in order to prevent your driver's license from being suspended or revoked.**
Whether your case is pending in a Municipal Court or a Circuit Court, you need an aggressive Missouri DUI Defense Attorney like Anthony Bretz to represent you before your first court date.
PENALTIES FOR A SECOND DUI:
A Class A misdemeanor criminal record if you have been classified as a Prior DUI offender, or a person under the age of 17 is present in the vehicle.
You may be sentenced to a minimum of 10 days up to 1 year in jail, this can often be exchanged for community service.
Loss of your license for 1 year or 5 years, though Limited Driving Privilege can often be obtained.
Loss of your license for 90 days or 1 year, though a Restricted Driving Privilege can be obtained.
You could be fined up to $2000.
You will be assessed Court Costs which vary depending on the court your case is in.
Two years of Probation with fees could be Supervised or Unsupervised, after serving 10 days in jail.
You will have to participate and complete a Substance Awareness Traffic Offenders Program (SATOP).
You will have to participate and complete a Victim Impact Panel (VIP) presentation by MADD.
You may have to complete 30 days of Community Service.
You may be ordered to submit to continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.
You only have 15 days to file a Request for an Administrative Hearing or a Petition for Review in order to prevent your driver's license from being suspended or revoked.
*DUI's can result in loss of driving privileges via a criminal conviction, through points, or via an administrative action; additionally, you could wind up having to serve BOTH suspensions back-to-back.
Following your arrest for DWI or DUI, the Department of Revenue (DOR) will suspend or revoke your license for up to a year for a second offense within 5 years. You will be provided a Temporary 15-Day Driving Permit that will permit you to drive after your arrest for 15 days, after which your driving privileges will be suspended unless you act NOW. Depending on whether you refused to provide a sample or not you will be able to challenge the DOR's suspension of your driving privileges in Civil Court or in an Administrative Hearing.
There is no time to waste when it comes to protecting your rights even with a Second DUI in Missouri. Contact Anthony Bretz now to get a skilled Missouri DUI Lawyer working on your case immediately.