Blog Post

DUI SECOND OFFENSE DO I HAVE TO INSTALL AN IGNITION INTERLOCK DEVICE?

The law in the State of Missouri does not treat people with a second offense DUI or DWI very kindly. Right now that is a Class A misdemeanor. What that means is that if you are convicted of a 2nd offense driving while intoxicated offense you are subject to a jail term of up to one year in the county jail or a fine of up to $1,000.00 of both. So in the worst case scenario you could end up doing one year in the county jail and paying a fine of $1,000.00.

That is not what usually happens, though. But it is important to understand what “could” happen to you.

Generally I am able to work out a case for you where you do not have to do any jail time at all. The court puts you on probation and if you complete that probation successfully you escape going to jail.

There is a requirement in the Missouri Statutes that if you want to have your license re-instated after a second DWI you have to get an Ignition Interlock Device (IID) installed on your car. That is not something the is negotiable. It is right in the statute and the Judge of your court has no authority to do away with it. The judge, though, can make it a condition of your probation to have it on for the entire time of probation, which is usually two years.

What if I don’t drink that often?

I represented a woman recently who did not want the ignition interlock device on her car. She kept telling me that she was not a drinker and that these two DUI offenses were just terrible coincidences. Of course, it is my job to believe what my clients tell me. However, prosecutors and judges rarely buy that story. There are statistics that suggest a person drives many times under the influence of alcohol before they are ever caught the first time.

The best way to keep from getting a second DUI charge is to not get the first one. People want to judge others all the time. The truth is that most people do not go out and consciously make the decision to drive under the influence of alcohol. Most of the people I see had no idea that the amount of alcohol they consumed would put them over the legal limit.

Just be careful when you are out this holiday season. There are more and more options available to get you home after the holiday party. If you do get charged with a DUI or DWI, I can help you so that it is not the worst thing that has happened to you. Call me for a free consultation at 636-795-3373.