Like many other states, DUI laws in Missouri make driving under the influence illegal. In short, this provides regulations making it unlawful for any adult to drive with a blood alcohol content, or blood alcohol concentration, (BAC) of.08 or greater, any car owner under the age of 21 to have a BAC of.02 or greater, and any commercial car owner to have a BAC of.04 or greater. Missouri also has an implied consent law, signifying that all individuals who are alleged of driving under the influence must submit to an alcohol test, whether a breathalyzer test or urinalysis. Refusing to submit to one of these tests can result in the suspension of a driver’s license for up to a year at the site of the traffic stop.
However, as opposed to many states, under Missouri DUI laws, suspects have the right to ask the arresting specialist to wait 20 minutes (the highest possible granted interval of time) until a lawyer shows up. Missouri DUI laws also allow the right to a second BAC test, at the location of the suspect’s choice and at his or her own expenditure. In order for a license to be restored, suspects must submit to a substance abuse program and pay a $45 fee toward the class. A hearing can be requested instead with the Missouri Department of Revenue (DOR), and Motor Vehicle and License Division (MVD), within 15 days of the Missouri DUI. It’s up to the charged to produce evidence and prove innocence to the best of his or her ability. Also, unlike most states, field sobriety tests are still completely voluntary, as opposed to chemical testing upon arrest, which is not.
There are other uncommon DUI laws in Missouri. For example, Missouri is one of the few states where it is still legal to carry open containers of alcoholic beverages. However, prosecutors do not have to prove that police officers lawfully stopped a motorist during a DUI arrest. Therefore, it doesn’t even matter if the purpose the suspect were pulled over for was due to equipment failure, let alone the manner in which the accused was driving.
Many conditions can be considered to be aggravated DUI in Missouri, together with a blood alcohol level (BAC) of.15 or above, producing any sort of collision with loss of life, accidents, and/or property damage, prior DUI convictions, reckless driving, speeding, or the transportation of a child while driving while intoxicated. A sentence of aggravated DUI can bring serious repercussions, such as countless fines, compulsory imprisonment for several years, a lot of restitution, and the loss of driving privileges and/or vehicle for many decades – maybe forever. This is even more a reason to pursue a DUI lawyer as soon as possible.