My cousin just got his 4th DWI. They have been over a period of 15 years. He has court today and I am worried he may go to jail. Does anyone know what the punishment is for 4 dui's?
2007-02-26 02:52:39 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Assuming your cousin is over 21 (pretty much has to be, if the period is 15 years!):
Points are added to a driver's record for an alcohol related traffic conviction.
- First conviction for excessive blood alcohol content (BAC) - 8 points
- First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) - 8 points
- Second or subsequent conviction for DWI, DUID or BAC - 12 points
- Commercial motor vehicle .04% - 2 points
A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.
A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial.
A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order.
A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked.
Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements:
- Pay a $45 reinstatement fee.
- File and maintain proof of financial responsibility for two years from the suspension or revocation date.
- Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.
- Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.
In Missouri, the driver is ALSO processed administratively, as well as criminally (criminal results are outlined above). The two penalties are applied consecutively - if the criminal process takes the license for a year and the administrative process takes the license for a year, the license is gone for TWO years.
And since the events occur over a fifteen-year span ... your cousin is in a LOT worse shape than you might think. The least of his worries are the DWI charges. If he had two in a year, he lost his license for 5. If he had 3 in ten years, he lost his license for 10. How did he manage to get 4 hits when his license has been suspended for at least 80 percetn of the elapsed time frame?
2007-02-26 04:15:37 · answer #1 · answered by CanTexan 6 · 1⤊ 0⤋
Your cousin should have his license taken away. His punishment will be based on the laws of Missouri, and how strict the court and judge is where he will be. You should be more worried that you are allowing your cousin to drive drunk which endangers everyone else he is on the road with.
Is he going to have to kill someone before he learns to not drink and drive? He needs to get some help for his alcohol abuse and stupidity.
Sorry if this sounds harsh, but your cousin, and you as well, need a wake-up call.
2007-02-26 03:02:08 · answer #2 · answered by Sue F 7 · 0⤊ 0⤋
Satop Comparable Form
2016-12-29 20:58:19 · answer #3 · answered by ? 4 · 0⤊ 0⤋
4 DWIs? He should go to jail. What on earth is his problem? And arent you more concerned that he might hit a car with children in it?
2007-02-27 13:28:14 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Gee you think maybe someday he'll hit bottom ? The alcoholic is always the last person to decide he needs help. But there is hope. Try another rehab and good luck.
2007-03-01 17:51:13 · answer #5 · answered by westhighland 3 · 0⤊ 0⤋
jail and he will never EVER get a license again
plus probably $3000 in fines and fees
2007-02-26 02:59:49 · answer #6 · answered by 'Lissa 5 · 1⤊ 0⤋