Out-of-State DUI Convictions Do Affect Your License

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What happens in Vegas doesn’t necessarily stay in Vegas.

If you are a Missouri resident and you are convicted of drunk driving out-of-state, or on federal property such as a U.S. military base, your DUI conviction will be reported back to your home state. Missouri will treat your out-of-state DUI conviction as if you received it in Missouri, and your license will be suspended.

What Happens If You Agree to a Breathalyzer Test For an Out-of-State DUI?

If you blow into the breathalyzer and are convicted of an out-of-state DUI, 8 points will be added to your Missouri driving record if this is your first DUI conviction. Missouri will suspend your driver’s license for 30 days, and you will have limited driving privileges for 60 days following the 30-day suspension. After you complete the SATOP (Substance Abuse Traffic Offender Program) class and file the SR-22 form proving that your vehicle is covered by liability insurance, you can apply for reinstatement of your full driving privileges.

What Happens If You Refuse to Blow For an Out-of-State DUI?

If you refuse to blow into the breathalyzer (it’s called a “chemical test refusal”) for an out-of-state DUI and you are convicted, the same requirements apply regarding license suspension, limited driving privileges, and reinstatement.

However, here’s the big difference:  If you refuse to blow for an out-of-state DUI, you will not be subjected to the usual 1-year revocation of your license, which is the standard penalty for anyone who refuses the breathalyzer test in Missouri.

Missouri will be notified of your out-of-state refusal to blow and it will keep that information on file. In the past, an out-of-state refusal would make you ineligible for a hardship license (Limited Driving Privilege) in Missouri, but that is no longer the case.

What’s the Punishment for Driving While Intoxicated in Missouri?

The maximum punishment for a first-time misdemeanor DUI conviction in Missouri is 6 months in jail and a $500 fine, plus 8 points added to your driving record. In addition, you will have to complete SATOP, file an SR-22 form showing proof of liability insurance for 2 years, and pay a fee to get your license reinstated.

Penalties For Drunk Driving in Other States

DUI penalties are different in each state. For information about penalties for DUIs in other states, click on this link to see state-by-state DUI penalties. This link will take you to the website of a New Jersey DUI attorney who has created an excellent online chart listing the consequences of a DUI conviction in each state.

On the DUI penalties chart, you can click on a drop-down list and choose the state in which you were charged with a DUI and the state in which you are licensed to drive, and the chart will show you the penalties for your out-of-state DUI conviction and how your home state will treat the out-of-state conviction. The chart also lists other important information, such as applicable state statutes and the requirements for license reinstatement (SATOP, reinstatement fee, SR-22 insurance filing).

DUI Convictions Stay on Your Record Forever

DUI convictions remain permanently on your criminal record and your Missouri driving record. In certain situations, a first-time misdemeanor DUI conviction can be expunged from your record. For more information, see my previous blog post about DUI expungement.

Hire a DUI Lawyer in the State Where You Where Charged

If you want to avoid a DUI conviction, hire an experienced DUI lawyer who is licensed in the state where you received the DUI. It’s best to hire someone who regularly practices in the city or county where you were charged.


For a free consultation and price quote for legal representation for your traffic ticket or other criminal charge, call St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

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