THE DIFFERENCE BETWEEN A DUI AND DWI IN MISSOURI

What is the difference between getting charged with a DUI and a DWI in the state of Missouri. That’s a good question and an important one if you’re the one facing charges. If you’ve been charged with driving under the influence in Missouri, you may have heard the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) used interchangeably.

While both involve impaired driving, there are key differences between the two under Missouri law.

Understanding these differences is crucial because the penalties for a DWI or DUI conviction can be severe, leading to fines, license suspension, higher insurance rates, and even jail time. If you’re facing alcohol- or drug-related driving charges in Missouri, hiring one of our experienced Kansas City criminal defense lawyers at KC Defense Counsel is the best way to protect your rights and fight for the best possible outcome.

DWI vs. DUI in Missouri: What’s the Difference?

Missouri law primarily recognizes DWI (Driving While Intoxicated) as the official legal term for impaired driving. However, DUI (Driving Under the Influence) is sometimes used informally or in reference to laws in other states.

WHAT IS A DWI IN MISSOURI?

Under Missouri Revised Statutes Section 577.010, a person commits a DWI if they operate a motor vehicle while:

• Having a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers and 0.02% for drivers under 21).
• Being impaired by alcohol or drugs to the extent that they are unable to safely operate a vehicle.

A DWI charge does not always require a BAC test result. Officers can charge you based on observed impairment, such as slurred speech, bloodshot eyes, reckless driving, or failing a field sobriety test.

WHAT IS A DUI IN MISSOURI?

While DUI is not the official legal term in Missouri, it is often used to describe cases where a driver is charged with drug-related impairment rather than alcohol.

Example:

• If a driver is found impaired by marijuana, prescription medication, or illegal drugs, they can be charged with driving under the influence (DUI).
• Unlike alcohol-related DWI charges, there is no legal limit for drug impairment—officers may arrest you based on behavior, field sobriety tests, and drug recognition experts (DRE) evaluations.

Essentially, DWI refers to alcohol-related impairment, while DUI is commonly used when drugs are involved. However, the consequences for both are equally severe.

PENALTIES FOR A DUI AND DWI IN MISSOURI

Missouri has some of the toughest DWI and DUI laws in the country. Whether you are charged with an alcohol- or drug-related offense, the penalties depend on your BAC level, prior offenses, and circumstances of your arrest.

First-Time DWI/DUI Offense (Class B Misdemeanor)

• Up to 6 months in jail
• Fines up to $1,000
• 90-day driver’s license suspension (eligible for a restricted driving permit after 30 days)
• Possible ignition interlock device (IID) requirement
• Alcohol or drug education program (SATOP)

Second DWI/DUI Offense (Class A Misdemeanor)

• Up to 1 year in jail
• Fines up to $2,000
• Driver’s license suspension for 1 year
• Mandatory ignition interlock device (IID)
• Longer probation and substance abuse treatment

Third or Subsequent Offense (Felony DWI/DUI)

• Felony charges with up to 4-15 years in prison
• Fines up to $10,000
• 10-year driver’s license revocation
• Mandatory treatment programs and ignition interlock device

Additionally, if your Missouri DWI/DUI involved an accident with injuries or fatalities, you could face felony charges for vehicular assault or manslaughter, resulting in even harsher penalties.

ADMINISTRATIVE VS. CRIMINAL CONSEQUENCES FOR DUI AND DWI

Many people don’t realize that a DWI/DUI charge involves two separate legal processes:

Criminal Case: Handled in court, determining whether you are guilty of a crime and what penalties apply.

Administrative License Suspension (ALS): Handled by the Missouri Department of Revenue, which can suspend or revoke your driver’s license, even if your criminal charges are reduced or dismissed.

If you don’t act quickly after a DWI/DUI arrest, you could lose your driver’s license automatically. Hiring an experienced Kansas City criminal defense lawyer can help you fight both the criminal charges and the license suspension.

DEFENSES AGAINST DWI/DUI CHARGES

Just because you were arrested for DWI or DUI doesn’t mean you are automatically guilty. Many cases have weaknesses that an experienced lawyer can challenge.

Common DWI/DUI defenses include:

Challenging the Traffic Stop: If the officer lacked probable cause to pull you over, the entire case could be thrown out.

Improper Field Sobriety Tests: Many tests are unreliable, and an officer’s observations may be subjective.

Breathalyzer Inaccuracies: Breath tests can produce false readings due to calibration errors, medical conditions, or improper administration.

No Proof of Impairment: If your charge is based on drug impairment, but there was no actual evidence of intoxication, your case could be dismissed.

Violation of Your Rights: If officers failed to read your Miranda rights, conducted an illegal search, or made procedural errors, your charges could be challenged.

An experienced Kansas City DUI/DWI defense lawyer will examine all evidence, challenge weaknesses in the case, and work to reduce or dismiss the charges against you.

WHY HIRE A KANSAS CITY CRIMINAL DEFENSE LAWYER FOR A DUI/DWI?

DWI and DUI charges in Missouri are serious, and a conviction can follow you for life. Without proper legal representation, you could face jail time, a criminal record, and long-term consequences for your career, finances, and driving privileges.

Benefits of Hiring a Skilled Kansas City Criminal Defense Lawyer:

Protect Your Rights: Your attorney ensures law enforcement followed legal procedures and that your constitutional rights were not violated.

Fight for Reduced Charges or Dismissal: Many cases can be negotiated down to lesser charges or dismissed altogether.

Save Your Driver’s License: Your lawyer can help you fight the administrative license suspension process.

Avoid Jail Time: An experienced lawyer can argue for probation or alternative sentencing options.

Minimize Fines and Penalties: Your attorney can work to reduce fines, points on your record, and insurance rate increases.

CONTACT A MISSOURI DUI/DWI DEFENSE ATTORNEY TODAY

If you or a loved one has been charged with DWI or DUI in Kansas City, don’t face the legal system alone. At KC Defense Counsel, we have extensive experience defending clients against alcohol- and drug-related driving offenses. Contact us today for a free consultation and let us fight for you.