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Rosanne S. Horan, Attorney at Law
a Missouri Limited Liability Company
10260 Manchester Road, Kirkwood, MO 63122
Phone 314-965-6898 ♦ Fax 314-965-5464 ♦ email fixmytix@sbcglobal.net

DWI (Driving While Intoxicated) IN MISSOURI
If you convicted of a DWI, you face the following potential repercussions:
1. A Criminal Record 
2. Jail Time  
3. Driver's License Suspension
4. Points on Your Driver License
5. Significant Fines
6. Increased Insurance Premiums

Having an attorney to represent you usually provides significant help in reducing or modifying these consequences.

Every DWI Has 2 Parts
Administrative Action: Involves your driver license privilege through the DOR (Dept of Revenue).
Regardless of whether you took the breath test and failed, or refused it, your license will be suspended or revoked 15 days after you receive a DWI if you do not timely Appeal. Breath tests must be appealed within 15 days after you receive your DWI. If you refuse the breath test your driver license will be revoked for 1 year unless you file a timely Appeal, also known as a Petition for Review. If you miss the deadline for filing your Appeal you lose the right to Appeal.
Criminal Case: Involves criminal charges brought against you through the Court.
The Court proceedings vary depending on the jurisdiction (location) of the issuing Court and whether or not you are represented by an Attorney. If you are represented by an Attorney and your case results in Plea Bargain then the Attorney will make most appearances on your behalf, and you will likely only be required to appear in Court to accept your Plea after the details are largely agreed to by the Prosecuting Attorney in advance. If you do not hire an Attorney you will be required to attend ALL Court appearances and Courts cannot give you legal advice about how to represent yourself.

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What is an SIS on my DWI Case?
In Missouri traffic law an SIS is a "Suspended Imposition of Sentence" where you are placed on probation. In an SIS you waive your right to a trial and Plead Guilty in Court to some offense (DWI) but the Conviction is not entered onto your criminal record. Instead the Plea is placed in your file for the term of your probation. If you successfully complete all of the terms of your probation then you will not ever receive a conviction and the criminal case is closed.
If you violate the terms of your probation you will face a probation revocation hearing. As a result of the probation revocation hearing the Judge may decide to revoke your probation, enter the previous Plea of Guilty into the record, and sentence you, as your right to a trial will have been previously waived as a part of the SIS.
What is SATOP?
In Missouri traffic law SATOP is Substance Abuse Traffic Offender Program. If your driver license has been suspended or revoked by the Deptartment of Revenue due to an alcohol related offense you must complete SATOP in order to reinstate your license. SATOP consists of 2 parts. There is an evaluation and interview session during which a counselor will determine what type of class you will be assigned to.
For more information about SATOP please visit: http://dmh.mo.gov/ada/satop/
How Do I Reinstate My Driver License After a DWI Suspension or Revocation
In order to reinstate your Missouri driver license after a traffic law DWI suspension you must:
1) complete SATOP and submit proof of completion to DOR (Dept. of Revenue);
2) pay a reinstatement fee
3) obtain SR-22 insurance and maintain proof for two years from the date of suspension/revocation (if you are over 21 years old).
*If you are convicted of a 2nd DWI it is now mandatory for the court to order an ignition interlock device on any vehicle you drive for a period of 6 months after your suspension.
 If your license was revoked for 1 year or more you must additionally take and pass the driver's test again.
What is SR-22 insurance & where can I purchase it?
In Missouri, SR-22 insurance is a form from an insurance company that proves that your motor vehicle has liability insurance.
This form is filed with DOR (Dept of Revenue).  
How do I remove a DWI from my redord?
In Missouri, a 1st DWI may be removed (expunged) after a period of 10 years if you do not receive further DWIs. The Court must be Petitioned in order to request a DWI be removed from your driver record. If you receive more than 1 DWI then the DWIs cannot be removed from your driver license record.  
Minors "Abuse & Lose" 
In Missouri, "Abuse & Lose" is a special set of laws that applies to minors. If you are under 21 years of age the court can order a suspension of driving license privileges for 90 days for a 1st offense and 1 year for a 2nd offense of the following types of offenses:
·         Any alcohol related traffic offense
·         any offense involving the possession or use of alcohol while operating a motor vehicle
·         any offense involving the possession or use of drugs
·         any offense involving the alteration, modification or misrepresentation of a driver license
·         a second offense involving the possession or use of alcohol by someone under 18 years of age