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Differences between DUI and DWI

In Missouri, a difference is not recognized.  The terms are used interchangeably, but the proper term that has been accepted in Missouri is DWI.  The only difference recognized is a conviction for excessive BAC. In Missouri, a person is guilty of a DWI if "he operates a motor vehicle while in an intoxicated or drugged condition.”  However, a driver may be found guilty of BAC anytime a blood, breath, or urine test shows the driver operated a motor vehicle in Missouri with a BAC of .08 or more.  The primary difference is that a driver can be convicted of a DWI if impairment is proven without evidence of an actual BAC exceeding .08, but a BAC charge requires conclusive evidence of a .08 BAC or higher. These are 2 separate charges; however, the penalties are the same for each. 

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