Information on Ignition Interlock Device Laws in the Show-Me State of MO
The DWI laws governing the act of drinking and driving are the same across all cities in the state of Missouri. The MO Ignition Interlock law requirements also includes cities like Springfield, St. Louis, Branson, Joplin, Kansas City, Jefferson City, and beyond. Those who are operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be arrested and ultimately charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). Should a driver later be convicted of DWI or DUI charges, they face a number of penalties including a driver’s license suspension, fines, possible time behind bars, as well as possibly having to get and install an Ignition Interlock Device (IID) in Missouri.
The standard for being charged with a drinking and driving related crime is often a blood alcohol content (BAC) percentage of 0.08 across most states in the U.S. This is due to government research proving that most individuals’ driving skills are impaired with a BAC of 0.05 percent and all individuals’ driving skills are impaired at 0.08 percent. Additionally, in the state of Missouri, those driving commercial vehicles with a BAC of 0.04 percent and minors with a BAC of 0.02 percent will also be charged with DUI. Those who get convicted or lead guilty to a DWI/DUI in MO, will also have to get the Ignition Interlock device installed on any vehicle they drive – which also includes any company car. In order to possibly prevent the Ignition Interlock requirement and avoid a driver’s license suspension in Missouri, a person needs to have their DWI arrest circumstances carefully examined by us online to find potential defense strategies.
What Are the Ignition Interlock Penalties for Driving Under the Influence in Missouri?
As mentioned above, there are a number of penalties drivers face should they be charged and convicted of DWI or DUI charges. The state of Missouri enacts these penalties as a means to discourage drinking and driving behavior for both offenders and other individuals. For those who are charged with their first DUI offense their punishments include:
- Jail Sentence of Up to Six Months
- Fines Up to $500
- MO Driver’s License Suspension of 30 Days
- Possibly Having to Use an Ignition Interlock Device as a Condition of License Reinstatement
For a 2nd DWI or DUI offense, or those who have had previous DUI convictions, they will face much harsher penalties. For those who are charged with their second DUI, or those who have had one previous DWI conviction in the last five years, their punishments include:
- Jail Sentence of Up to One Year
- Fines Up to $1,000
- Driver’s License Suspension of One Year
- Possibly Having to Use an IID as a Condition of License Reinstatement After One Year of a License Suspension
For those who are charged with their third DUI, or those with two previous DUI convictions in the last five years in Missouri, their punishments include:
- Jail Sentence of Up to Four Years
- Fines Up to $5,000
- MO Driver’s License Suspension of 10 Years
- Having to Install an Ignition Interlock as a Condition of the Driver’s License Reinstatement
Implied Consent Law in Missouri
The state of Missouri enforces an “implied consent law” like many other states across the country. Under this law, those who are issued a Missouri driver’s license automatically consent to having chemical testing performed in order to determine their BAC. Should drivers during a DWI arrest refuse to have this testing performed, they face a fine, automatic driver’s license suspension, and the possibility of having to get an Ignition Interlock including the standard MO DUI/DWI penalties:
1. For a First DUI/DWI Offense Conviction:
- One Year Suspended License
2. Second Time DWI or DUI Offenders:
- One Year Driver’s License Suspension
- An Ignition Interlock Must Be Used
3. Third Time Offenders:
- Two Year License Revocation
- DUI Interlock Must Be Installed
What is an MO Ignition Interlock Device and How Does It Work?
An IID, also referred to as a Breath Alcohol Ignition Interlock Device (BAIID), is a mechanical device, much like a Breathalyzer, that is installed in a DWI offender’s vehicle and possibly any other vehicle registered in offenders’ name. How the Ignition Interlock works is by having drivers blow into the device to give a breath sample before the vehicle can be started. Should the breath sample fall below the preprogrammed threshold – usually 0.02 percent – the vehicle starts as normal. However, when the breath sample goes above the preprogrammed threshold, the vehicle’s ignition locks, and it does not start.
The car Breathalyzer Ignition Interlock is used to interrupt the signal that goes between the ignition and the starter in a vehicle. This signal remains blocked until the IID receives an acceptable breath sample. Additionally, the MO Ignition Interlock device can also be set to require random testing after the vehicle has been started to help prevent another individual other than the offender from providing the breath sample. Should the random test show a BAC above the preprogrammed threshold, the event is logged in the device’s system, and an alarm begins to sound until drivers turn the vehicle off.
When is Using an Ignition Interlock Device Required in the State of Missouri?
Judges and courts in the state of Missouri have the option to authorize the use of an Interlock device as a condition of having an offender’s driving privileges reinstated. Some of the most common situations after a DWI conviction when this occurs includes:
- All first time MO DWI & DUI offenders (at the judge’s discretion)
- Second and repeat DWI offenders (mandatory)
Who is Responsible for Paying for All Costs of an Ignition Interlock Device in Missouri?
Most, if not all, of the DWI and DWI cases where the use of an Ignition Interlock device is required in Missouri, offenders are responsible for paying all costs associated with using the device. Often these costs include leasing the Interlock device, it’s installation fee, costs for maintenance, and the cost of having the Ignition Interlock device removed when the usage period has ended. In most cases, offenders pay approximately $100 for the device’s installation and between $70 and $120 a month to lease the device. It is important to keep in mind these prices vary between IID providers in the state.
What is the Process Having to Get an Ignition Interlock Device Installed in Missouri After a DWI Offense?
Once offenders have been authorized to get and install an Ignition Interlock device in MO, they generally have a window of time in which they need to lease the IID and have it professionally installed. First DWI & DUI offense drivers will need to lease the Interlock device from a state approved provider – these providers can be found across the state of Missouri, and a full list of approved companies can also be found on the Missouri Department of Revenue website. After leasing the device, offenders also need to have it professionally installed in order to remain within the guidelines of using an Ignition Interlock device.
After these two steps have been completed, it is not uncommon for Missouri DWI/DUI offenders to have to report their progress back to the appropriate authorities, whether this is their probation office, the court, or even the MO Department of Transportation. Often times, they need to provide a copy of the lease agreement to show it was leased from an approved provider as well as a receipt from the installation. When this has been submitted and approved, DWI offenders are able to begin their usage period with the IID as a means of having their driving privileges reinstated after their driving under the influence conviction. Once a Missouri Ignition Interlock lawyer reviews a person’s own arrest circumstances online with us, they will then be in a position with this information to discuss what the possible DWI defense options are for how to avoid having to get and install an Ignition Interlock device in:
[column col=”1/4″]Kansas City
[column col=”1/4″]St. Louis (city)