DUID in Missouri: Top Questions Answered
Admin • April 29, 2020
In the state of Missouri, driving while under the influence of alcohol or drugs is illegal and can result in serious penalties including jail time. While most people have heard of DUI (driving under the influence) and DWI (driving while intoxicated), DUID (driving under the influence of drugs) is a related charge that you may not be familiar with.
The state of Missouri has specific rules regarding DUID because it's a separate category of influenced driving. Keep reading to learn exactly what DUID is, when you can get a DUID charge, what kind of penalties DUID carries in Missouri, and how you can fight the charge.
What Is DUID Versus DUI and DWI?
A DUID is a type of influenced driving, but it's different than DUI and DWI. In the state of Missouri, DUI and DWI are actually the same offense. The state law officially calls this offense DWI but many people refer to it as DUI.
In the case of DWI, you are legally considered intoxicated if your blood alcohol concentration is 0.08 or higher, or .020 if under age 21. A DUID charge means that you're suspected of driving while under the influence of some type of drug.
But, because every drug is different and affects each person in a unique way, Missouri law doesn't set forth any specific threshold when it comes to DUID. Any type of drug, whether over-the-counter, prescription, or illegal, can have the type of effects that lead to a DUID charge as long as it impairs your driving abilities.
When Can You Get a DUID Charge?
You can be charged with DUID if a breath, blood, saliva, or urine test shows that you're under the influence of drugs. Missouri implied consent law states that when you operate a motor vehicle, you automatically consent to testing if you're arrested and the police officer has reasonable grounds to believe you're under the influence of drugs, or if you're involved in a major auto accident.
If you refuse to take a test after a police officer requests it, you can be legally forced to do so through a warrant. Plus, refusing to take a test means immediate consequences including license revocation. When it comes to DUID, and also DWI, refusing a test is never an easy solution.
What Penalties Are Associated With a DUID Conviction?
DUID penalties vary widely because they depend on what type of drug was involved, whether you had a prescription for the drug, how much of the drug you had on you at the time of arrest, and whether you've had prior offenses.
If you're convicted of DUID, you can receive all of the following consequences.
- Jail time
- Required participation in a substance abuse program
- License suspension
- Community service
- Monetary fine
The above penalties increase with each conviction. For example, a first time DUID conviction means less jail time, smaller fines, and shorter license suspension that a third offense. But, any DUID conviction can have a severe negative impact on every aspect of your life, so it's best to fight the charge if possible.
What Can You Do to Fight a DUID Charge?
The most effective way to fight a DUID charge is to get an experienced criminal attorney on your side. Your attorney can help in many ways, including challenging the test collection methods and accuracy.
Because the Missouri law in regards to DUID isn't as clear-cut as that for DWI, it's sometimes easier to fight a DUID case, even if the face of a positive blood test. Your criminal attorney will do everything possible to prevent a DUID conviction.
David Naumann & Associates offers criminal defense for DUI, DWI, DUID, and other criminal charges in the state of Missouri. If you're facing charges and need help, get in touch with our experienced team online
or by phone today.
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