Can I Get Suspended Imposition of Sentence for DWI?

A suspended imposition of sentence (SIS) is the best possible outcome for many people facing DWI charges in Missouri. Unlike a conviction that stays on a criminal record permanently, an SIS allows someone to plead guilty, complete probation successfully, and have the case closed without a conviction. However, Missouri law places strict limitations on when an SIS is available for DWI offenses.

At Rose Legal Services, we represent individuals throughout Missouri who are seeking a suspended imposition of sentence for DWI charges. Understanding the eligibility requirements, restrictions, and benefits of an SIS is critical because it can mean the difference between a permanent criminal record and a clean slate.

What is a Suspended Imposition of Sentence?

A suspended imposition of sentence is a sentencing option where:

• The person pleads guilty or is found guilty of the offense
• The court accepts the plea but does not enter a judgment of conviction
• The person is placed on probation with specific conditions
• If probation is successfully completed, the case is closed without a conviction
• The person can truthfully state on most applications that they have not been convicted of the offense

This is fundamentally different from a suspended execution of sentence, where a conviction is entered but the sentence (such as jail time) is suspended. With an SIS, there is no conviction if probation is completed successfully.

When is SIS Available for First-Offense DWI?

For someone charged with their first DWI, a suspended imposition of sentence is available, but Missouri law imposes specific requirements that must be met.

According to Section 577.010.3, RSMo, “a person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence” unless certain conditions are satisfied.

Standard Requirement: Two-Year Minimum Probation

Section 577.010.3(1), RSMo states that an SIS cannot be granted “Unless such person shall be placed on probation for a minimum of two years.”

This means the probation period for a first-offense DWI with an SIS must be at least two years. During this probation period, the person must comply with all conditions, which typically include:

• Completing a Substance Abuse Traffic Offender Program (SATOP)
• Paying all fines, court costs, and fees
• Not committing any new criminal offenses
• Complying with any additional court-ordered conditions
• Submitting to random drug and alcohol testing if required

If the person successfully completes the two-year probation without violating any conditions, the case is closed without a conviction.

Additional Requirement for High BAC Cases

Section 577.010.3(2), RSMo imposes an additional requirement for first-offense DWI cases where the blood alcohol content was .15% or higher:

“In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person’s blood, unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program.”

This means that if someone’s BAC was .15% or higher, and a DWI court or treatment program is available in that circuit, the person must participate in and successfully complete that program to receive an SIS.

DWI courts are intensive treatment programs established under Section 478.007, RSMo, that combine supervision, treatment, frequent court appearances, and accountability measures. These programs are not available in every Missouri circuit, but they exist in some jurisdictions, including certain courts in the St. Louis area.

If no DWI court or treatment program is available in the circuit, this additional requirement does not apply, and the standard two-year probation requirement is sufficient for an SIS.

When is SIS NOT Available for DWI?

Missouri law explicitly prohibits suspended imposition of sentence for anyone charged as a repeat DWI offender.

Section 577.010.6(1), RSMo states:

“A person found guilty of the offense of driving while intoxicated as a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment.”

This means:

• A second DWI (prior offender) cannot receive an SIS
• A third DWI (persistent offender) cannot receive an SIS
• A fourth or subsequent DWI (aggravated, chronic, or habitual offender) cannot receive an SIS

For these repeat offenders, a conviction is mandatory. The best possible outcome is typically a suspended execution of sentence with probation, but even that comes with mandatory minimum jail time requirements before probation eligibility.

What Happens If Someone Violates Probation on an SIS?

If someone receives an SIS for DWI and then violates the conditions of probation, the court can revoke the SIS and enter a conviction. At that point, the person can be sentenced to any punishment that was originally available, including jail time.

Common probation violations that can result in revocation of an SIS include:

• Committing a new criminal offense
• Failing to complete required programs like SATOP
• Failing drug or alcohol tests
• Failing to pay fines and court costs
• Failing to report to the probation officer as required

This is why it is critical to take probation seriously and comply with all conditions during the entire probation period.

What Are the Benefits of SIS for DWI?

A suspended imposition of sentence offers significant advantages over a conviction:

No Criminal Conviction

If probation is successfully completed, the person has no criminal conviction on their record. This means they can truthfully answer “no” on most job applications that ask about criminal convictions.

Potential for Expungement

In many cases, an SIS can be expunged (removed from public records) after the probation period is completed and additional waiting periods are satisfied. This provides an even cleaner slate.

Reduced Collateral Consequences

Without a conviction, the person avoids many of the collateral consequences that can affect employment, housing, professional licenses, and other opportunities.

Lower Insurance Impact

While an SIS may still affect car insurance rates, it typically has less impact than a criminal conviction.

How Do You Get an SIS for DWI?

Obtaining a suspended imposition of sentence for DWI requires effective legal representation and strategic case management. An experienced St. Louis DWI attorney can:

• Negotiate with prosecutors for an SIS recommendation
• Present mitigating factors that support an SIS
• Demonstrate the person’s commitment to treatment and rehabilitation
• Advocate before the judge at sentencing
• Ensure the person meets all statutory requirements for an SIS

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. DWI is our most common type of case and makes up 40% of our caseload. We are very familiar with the prosecutors and judges in Missouri courts, and we understand how to negotiate for and secure suspended imposition of sentence outcomes for our clients.

The Difference Between SIS and Conviction Is Substantial

For someone facing their first DWI charge, the difference between a suspended imposition of sentence and a conviction can affect their entire future. An SIS allows them to move forward without the stigma and consequences of a criminal record, while a conviction stays with them permanently.

However, an SIS is not automatic. It requires meeting specific statutory requirements, including two-year minimum probation and potentially completion of DWI court for high BAC cases. It is only available for first-time offenders, never for repeat offenders.

Rose Legal Services represents individuals throughout Missouri who are seeking suspended imposition of sentence for DWI charges. We work to achieve the most favorable outcome possible, which often means securing an SIS that allows our clients to get a second chance.

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