Legal Question in DUI Law in Missouri

A couple nights ago I got my second MIP of alcohol. My first one was in September of last year in a different town. I went to court and they put me under unsupervised probation for a year. Well about seven months later I get my second one. I have court in two days and I would like to know exactly what could happen to me. Jail? Probation? Community Service? Etc. Thank you.

Asked on 3/10/14, 10:29 pm

2 Answers from Attorneys

Anthony Smith LawSmith

It is impossible to predict exactly what will happen. But, you have a long list of possibilities. It is possible that you will do some jail or juvenile detention time, as this is a subsequent offense. This will depend upon your age, which Court you're in, and the facts of the case. You might get probation again. If you are convicted on this second offense, it will be a violation of your probation. You are subject to the back up time, etc. That is listed on your probation form. It may be possible that the first Court will not find out about your second offense, before the year is over. If your attorney tries to work a plea to this second occurrence, it is likely that that prosecutor will learn of your previous charge. They will likely require that you attend classes, or undergo treatment, as part of any plea.

If you haven't already consulted directly with a defense attorney, un your area, do so soon. This is a general description of some of the possibilities, based upon your general . You need advice in the specific facts of your situation. You might have a defense to this second charge.

Good luck

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Answered on 3/11/14, 5:50 am
Sean Santoro Santoro Law Office

Under Revised Statutes of Missouri (RSMo) 311,325.1, the penalty for a second offense is up to a year in jail and up to a $1000 fine. I rarely see jail time in these cases but it is a possibility. I would also expect the judge to order you to take classes on the dangers of alcohol, and possibly order you to submit to chemical testing to ensure you are alcohol -free. Do not plead guilty. Plead not guilty and consult an attorney. Feel free to contact me if I can be of assistance.

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Answered on 3/12/14, 7:09 am

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