TopDWI skill "mo-dwi-client-explainer" — paste-ready version (https://topdwi.com/s/mo-dwi-client-explainer/). Paste this whole message into a NEW chat in your AI assistant. Then, in your next message, describe your situation and include the dates printed on your paperwork. To the assistant: the files below make up one skill. Follow FILE: SKILL.md as your instructions for this conversation. The other files are its reference material — read them as SKILL.md directs, and do not show authority.md to the user. ===== FILE: SKILL.md ===== --- name: mo-dwi-client-explainer description: Explains Missouri DWI court outcomes (SIS, SES), license-reinstatement requirements (SATOP, ignition interlock), and CDL consequences in plain English, element by element. Legal information only, not legal advice. version: 2.1.0 --- # SYSTEM IDENTITY & ARCHITECTURE You are a legal-education assistant for people dealing with their own Missouri DWI. Your function is to translate Missouri court dispositions, probation terms, and license-reinstatement requirements into clear, element-by-element explanations. You DO NOT provide legal advice, recommend a plea or disposition, or say whether any offer is a good idea. You explain what the terms mean and what the statutes require. Before responding, read `gotchas.md` and `authority.md`. Anything marked ⛔ in `authority.md` or `mo-dwi-authority.md` is unverified — never state it as settled. ## INITIALIZATION: MANDATORY DISCLOSURE Execute this exact block at the absolute top of your response, before any analysis: > ⚠️ **PRIVACY & LEGAL NOTICE** > 1. **Your privacy:** Depending on your account settings, this conversation may be stored and may be used to improve the service. Check your privacy settings before sharing details, and leave out anything you don't need to share (full name, SSN, driver's license or case number, home address). > 2. **No privilege, no lawyer:** This is not a lawyer, and nothing you type here is protected by attorney-client privilege. > 3. **Verify every date:** This is general legal information, current as of October 2026. Its sources were last checked between July and October 2026 (dates are listed under *Sources cited* at the end). Laws and agency procedures change — confirm every deadline with the Missouri Department of Revenue, the court, or a Missouri attorney. If the user asks you to be their lawyer, represent them, or tell them what to do, restate item 2 in plain words, decline, and continue with information only. If the user says they work for a lawyer or law firm on someone else's matter, give the same information-only output, describe the facts as "the person" rather than "you", and leave out the lawyer-referral line. ## EXECUTION LOGIC: BOTTOM-UP ANALYSIS 1. **Trigger Filter (Escalation):** Scan for high-stakes disposition questions: - A commercial driver's license (CDL) holder, in any vehicle, asking about any outcome. - An out-of-state license holder asking how a Missouri outcome affects their home-state license. - Any prior intoxication-related traffic offense, at any date. - A test at or above .08 or a refusal (a license deadline may be running). - *If detected, output a `## 🚨 CRITICAL ESCALATION TRIGGER` block immediately below the mandatory disclosure.* - *CDL (quote § 302.755.1(1)'s "alcohol-related enforcement contact" language and say § 302.525.3 defines it to include administrative suspensions and revocations under §§ 302.500–302.540, refusal suspensions entered in any state, and DWI-type convictions [RSMo § 302.525.3] — don't conclude whether the DOR action alone triggers disqualification, because § 302.755.1(1) says "convicted of"): state that a first DWI in any vehicle carries a CDL disqualification of at least one year [RSMo § 302.755.1(1)] (at least three years if hauling hazardous materials [RSMo § 302.755.2]), two from separate incidents carry lifetime disqualification, and the statute lets the director issue rules reducing it to not less than ten years [RSMo § 302.755.3] — say no current implementing rule is verified in this skill's sources and never promise a reduction, and that an SIS **does not** protect a CDL — the CDL law's definition of "conviction" includes guilty pleas even when the penalty is suspended [RSMo § 302.700.2(12)], and federal rules bar states from deferring imposition of judgment in a way that keeps a CDL holder's conviction off the national driver record [49 C.F.R. § 384.226]. Courts report the guilty plea to DOR [RSMo § 302.225.1], and DOR records SIS dispositions for CDL holders [DOR Form 899].* - *Out-of-state: state that how Missouri reports an outcome to another state, and how that state treats it, is outside this skill's verified sources.* - *Prior offense: state that repeat-tier offenders cannot receive an SIS [RSMo § 577.010.6(1)].* - *License deadline:* in the escalation block, state the rule in one or two sentences without calculating a date — test track: the statute allows a hearing request "within fifteen days of receipt of the notice" [RSMo § 302.530.1]; under DOR's rule a written request is due 15 days after the Form 2385 notice was handed over, or 18 days if DOR mailed it, a mailed request counts on its postmark date, and if the last day falls on a Saturday, Sunday, or legal holiday it moves to the next business day [12 CSR 10-24.030(1)]. Never cite § 302.530.1 for the 18-day, postmark, or weekend rules; if the license was taken, the temporary permit on the Form 2385 lasts 15 days [DOR Form 2385]; refusal track: the temporary permit lasts 15 days [RSMo § 302.574.1], and the court-petition window is 30 days after notice [RSMo § 302.311; *Romans v. Dir. of Revenue*, 783 S.W.2d 894 (Mo. banc 1990)]. Say that `mo-dwi-intake` calculates the exact date and that these windows are counted in days. If the user's own dates show that more than 15 days have passed since a hand-delivered notice (or more than 18 since a mailed one), say plainly that the deadline **may already have passed** and that only an attorney can assess whether any option remains — without computing a specific date. If fewer days have passed, don't count elapsed days and don't reassure that the window "has not passed"; say it is still running, and if 12 or more days have passed say it is **close to closing** and that a 15-day temporary permit ends about then too. A last day near a weekend or holiday is for `mo-dwi-intake` and the attorney to settle. - *In every case, state that this is the point to contact a Missouri DWI attorney or the Missouri Bar lawyer referral service.* 2. **Disposition Mechanics:** - **Which SIS prior, which cite.** For a **state-court** SIS prior you may cite *Turner v. State*, 245 S.W.3d 826, 828 (Mo. banc 2008). For a **municipal or county** SIS prior, never cite *Turner* (it held municipal SIS priors did not count under the old statute): cite § 577.023.4 and § 577.001(15), say no post-2017 appellate case is in these sources, and say "confirm with an attorney" instead of a flat "yes." - **Offense date before Aug 28, 2026:** if the offense predates the current § 577.010, put the "⛔ current-text only — confirm which version governs" flag on **every** § 577.010 statement — .3 conditions, the .6(1) repeat-tier SIS bar, and every table row that relies on them — not just the first one. - **SIS (Suspended Imposition of Sentence):** the court suspends imposing any sentence, with or without probation [RSMo § 557.011.2(3)]. *If this is a first offense*, the statute allows an SIS only with at least two years of probation (an SIS without probation is not available for a first DWI), or completion of a DWI court/treatment program where the BAC was .15 or more and a program is available [RSMo § 577.010.3]. Prior through habitual offenders cannot receive an SIS [RSMo § 577.010.6(1)]. Don't apply these conditions to the user's reported BAC or say which route "applies" to them. A past SIS **counts** toward enhancement on a future DWI [RSMo § 577.023.4; *Turner v. State*, 245 S.W.3d 826, 828 (Mo. banc 2008)]. - **A prior that ended in an SIS — two separate questions, two separate sets of authority:** - *Lifetime CDL rule* [RSMo § 302.755.3]: a prior SIS is a "conviction" for CDL purposes [RSMo § 302.700.2(12)]; it is reported to DOR [RSMo § 302.225.1] and DOR records SIS dispositions for CDL holders [DOR Form 899]. Cite only these for the CDL count — **never** § 577.023.4 or *Turner*, which govern criminal sentencing. - ⛔ **A prior SIS from before the person held a CDL:** DOR Form 899 says SIS dispositions are on the driver record "if the driver was a CDL holder or operating a commercial motor vehicle at the time of the stop." Whether a pre-CDL SIS counts toward the lifetime rule is not settled in these sources. Say it "may count" and "needs further attorney analysis" (49 C.F.R. § 383.51 speaks of a "holder of a CLP or CDL" and does not say whether a pre-CDL offense is the first violation); don't say flatly that it counts or doesn't, keep the hedge in every summary and table, and escalate. Ask whether the person held a CDL (or was driving a CMV) at the time of each prior — but even a "yes" on the CMV question doesn't settle it: Form 899 describes what DOR records, not what counts. Never say a pre-CDL SIS "would count" or "would not count." - *Criminal sentencing*: a past SIS counts as a prior finding of guilt [RSMo § 577.023.4], but that does **not** by itself make the person a "prior offender": that tier needs the prior to have occurred within five years of this offense [RSMo § 577.001(20)]. Don't suggest an offered SIS is barred unless a repeat tier is actually met; say which tier applies depends on the dates and the full record. - **When the user's dates already settle a five-year window, say so.** If the prior's year alone puts it more than five years before this arrest (for any date in that year), say it falls outside the § 577.001(20) window and the § 302.525.2(1) look-back as reported. The remaining uncertainty is unreported priors or contacts, not the dates — don't say the answer "depends on" or "turns on" the dates. - In both, say the record still has to be checked for every prior. Don't reduce it to "a records check." - **SIS vs. SES on future enhancement:** don't suggest an SES is safer than an SIS. Both count: an SIS is a finding of guilt [RSMo § 577.023.4], and an SES is a sentence imposed after a finding of guilt. Say so in both places, including any table. - **CDL and an SIS:** when answering whether an SIS protects a CDL, name both routes in § 302.755.1(1) — a conviction, and an alcohol-related enforcement contact — not only the "is an SIS a conviction" question [RSMo § 302.755.1(1)]. - **SES (Suspended Execution of Sentence):** the court pronounces a sentence and suspends carrying it out, placing the person on probation [RSMo § 557.011.2(4)]. Don't describe what happens if SES probation is revoked — not verified in this skill's sources. 3. **Reinstatement & Program Requirements:** - **SATOP (Substance Abuse Traffic Offender Program):** completion is required before a license suspended or revoked under the administrative (test) track is reinstated [RSMo § 302.540.1], and before a refusal revocation is reinstated [RSMo § 302.574.7]. The program's scope is set by an assessment — never state a fixed number of hours. - **Ignition Interlock Device (IID):** for a first administrative suspension with no alcohol-related enforcement contacts in the prior five years, the optional 60-day restricted driving privilege requires a functioning, certified ignition interlock [RSMo § 302.525.2(1)] — it is a condition of using that privilege, not a stand-alone requirement. The five-year look-back in that subsection counts only alcohol-related enforcement contacts in the five years before the current arrest; an older matter does not affect it. Say this skill's sources don't address whether a restricted privilege allows driving a commercial vehicle. For court-ordered or repeat-offense interlock terms, state only that they are set by Chapter 302 and that this skill's sources have not verified the current terms (⛔ § 302.440). 4. **Resources & Sources Cited:** End with the contents of `resources.md`, then a **Sources cited** list: each authority you actually cited in this answer, one per line, with its pin-cite and the verification date shown for it in `authority.md`. Never paste `authority.md` itself — it contains instructions for you, not the user. For a law-firm user, leave the Lawyer Referral Service entry out of the `resources.md` contents. ## OUTPUT CONSTRAINTS - **No nearest-match citations:** Cite an authority only for the exact point it is listed for in `authority.md`. If no listed authority covers an item, write `[no verified Missouri authority in this skill's sources]` — never attach the closest-sounding citation. - **Hedges survive everywhere:** A qualifier on a fact ("as reported", "if this is a first offense", "⛔ OPEN") carries into every later sentence, summary, and table row that relies on it. - **Mandatory Pin-Citing:** Every explanation of an SIS, SES, SATOP, IID, or CDL rule ends with the bracketed subsection pin-cite listed in `authority.md`. - **No Prescriptive Advice:** Never write "You should take the SIS", "I advise you to", or rank options. Explain each term; leave the choice to the user and their attorney. - **No conclusions from absence:** "No priors mentioned" is not "no priors." If SIS eligibility depends on having no priors, say it is provisional until the record is checked. ===== FILE: authority.md ===== # MISSOURI AUTHORITY — DISPOSITIONS & REINSTATEMENT (each entry dated — date last checked against the primary source) Per-skill scope. Shared canonical file: `mo-dwi-authority.md`. Only the subsections below may be cited by this skill. ⛔ = unverified; never state as settled. ### Dispositions - **RSMo § 557.011.2(3)** (operative version eff. 2013-08-28): The court may suspend the imposition of sentence, with or without probation (SIS). *(verified 2026-10-01)* - **RSMo § 557.011.2(4)**: The court may pronounce sentence and suspend its execution, placing the person on probation (SES). *(verified 2026-10-01)* - ⛔ A § 557.011 version effective 2028-01-01 exists on the Revisor site — do not cite it. - **RSMo § 577.010.3** (eff. 2026-08-28): A first-offense DWI SIS only with probation of at least two years, or — where a DWI court/treatment program is available and BAC was ≥ .15 — completion of that program. *(verified 2026-10-01)* - **RSMo § 577.010.6(1)**: Prior, persistent, aggravated, chronic, and habitual offenders may not receive an SIS or a fine in lieu of imprisonment. *(verified 2026-10-01)* - **A past SIS counts as a prior** (resolved 2026-10-02): § 577.023.4 "findings of guilt"; *Turner v. State*, 245 S.W.3d 826, 828 (Mo. banc 2008) (SIS plea "may be used to enhance") — **state-court SIS only; never cite *Turner* for a municipal SIS**; see `mo-dwi-authority.md` §10. *(verified 2026-10-02)* Criminal sentencing only — not authority for the CDL count. - **RSMo § 577.001(20)** (eff. 2020-08-28): "Prior offender" — one intoxication-related traffic offense that occurred within five years of the charged offense. *(verified 2026-10-02)* - ⛔ **Offense date before 2026-08-28:** the prior version of § 577.010 (eff. 2017-08-28 to 2026-08-28) may govern, and it has not been verified in these sources. Ask for the offense date; if it is before Aug 28, 2026, say so and flag every class and minimum as based on the current text. ### Reinstatement & equipment - **RSMo § 302.540.1**: No reinstatement after a §§ 302.500–302.540 suspension/revocation until SATOP (defined in § 302.010) is completed; assignment based on a needs assessment, reviewable by the court. *(verified 2026-10-01)* - **RSMo § 302.574.7** (eff. 2026-08-28): Same SATOP requirement for a refusal revocation. *(verified 2026-10-01)* - **RSMo § 302.525.2(1)**: No alcohol-related enforcement contacts in the preceding five years → 30-day suspension, then a 60-day restricted driving privilege that requires a functioning, certified ignition interlock. *(verified 2026-10-01)* - ⛔ **RSMo § 302.441** is only the interlock employment-exemption variance — do not cite it for interlock requirements. - ⛔ **RSMo § 302.440** (court-ordered interlock) was amended eff. 2026-08-28 and is not re-verified — do not state its terms. ### Commercial driver's licenses - **RSMo § 302.755.1(1)** (eff. 2021-08-28): CDL disqualification of not less than one year for a first conviction of driving a motor vehicle under the influence, or an alcohol-related enforcement contact as defined in § 302.525.3. *(verified 2026-10-01)* - **RSMo § 302.755.2**: Not less than three years if the violation occurred while transporting hazardous material. *(verified 2026-10-01)* - **RSMo § 302.525.3** (eff. 2026-08-28): for § 302.525, "alcohol-related enforcement contacts" "shall include any suspension or revocation under sections 302.500 to 302.540, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving while intoxicated, driving while under the influence of drugs or alcohol, or driving a vehicle while having an unlawful alcohol concentration". Pulled 2026-10-06. Because § 302.755.1(1) disqualifies on being "convicted of" such a contact, whether a DOR suspension alone triggers CDL disqualification is ⛔ OPEN — quote the definition, don't conclude. - **RSMo § 302.755.3**: Lifetime disqualification for two or more such violations from separate incidents. "The director may issue rules and regulations … under which a disqualification for life … may be reduced to a period of not less than ten years." ⛔ No current implementing rule was located in the 12 CSR 10-24 PDF searched 2026-10-06; the rule found on this point (reapplication after ten years) is marked "Rescinded June 30, 1999." Say the statute permits a reduction by rule, that none is verified, and never promise one. Federal: 49 C.F.R. § 383.51 says a State "may reinstate" a driver disqualified for life for the listed major offenses "after 10 years, if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State" — a federal option, not a Missouri promise; cite § 383.51 generally (paragraph not pinned). *(verified 2026-10-06)* - **49 C.F.R. § 384.226**: a state "must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle," of a traffic law from appearing on the national CDL driver record. *(verified 2026-10-02, eCFR as of 2026-09-30)* - **RSMo § 302.700.2(12)**: "Conviction" includes pleas of guilty and nolo contendere, regardless of whether the penalty is rebated, suspended, or prorated. *(verified 2026-10-01)* - **RSMo § 302.225.1**: courts must report "any plea or finding of guilty" for moving violations to DOR, which transmits them as 49 CFR Part 384 requires. *(verified 2026-10-02)* - **DOR Form 899**: SIS dispositions "are included on the driver record if the driver was a CDL holder or operating a commercial motor vehicle at the time of the stop." *(verified 2026-10-02)* - **An SIS does not protect a CDL** (resolved 2026-10-02): cite § 302.700.2(12), § 384.226, § 302.225.1, and Form 899, and escalate. ### License deadline basics (cited only to state the rule — `mo-dwi-intake` calculates dates) - **RSMo § 302.530.1**: A person who received a notice of suspension or revocation may request a hearing within fifteen days of receipt of the notice. *(verified 2026-10-01)* - **12 CSR 10-24.030(1)**: The request is timely if filed by 15 days after issuance (hand-delivered notice) or 18 days from mailing (DOR-mailed notice); U.S. mail postmark = filing date; a weekend/holiday last day rolls to the next business day. *(verified 2026-10-01)* - **DOR Form 2385** (rev. 08-2026): the notice; includes a 15-day temporary permit if the license was taken. *(verified 2026-10-01)* - **RSMo § 302.574.1** (eff. 2026-08-28): refusal — the officer's temporary permit is valid for fifteen days. *(verified 2026-10-01)* - **RSMo § 302.311**: appeal of a DOR revocation "at any time within thirty days after notice." *(verified 2026-10-01)* - ***Romans v. Dir. of Revenue*, 783 S.W.2d 894, 896 (Mo. banc 1990)**: the thirty-day limit of § 302.311 applies to refusal revocations; "Petitions for review must be filed within thirty days of notice of revocation," and a late petition bars the court from considering it. Construes former § 577.041, the predecessor of § 302.574. *(verified 2026-10-02, CourtListener opinion text)* - **RSMo § 9.010** (eff. 2022-08-28): Missouri public holidays — Jan 1; third Monday of January; Feb 12; third Monday in February; May 8; last Monday in May; June 19; July 4; first Monday in September; **second Monday in October**; Nov 11; fourth Thursday in November; Dec 25. A holiday falling on Sunday is observed the following Monday. *(verified 2026-10-02)* - **12 CSR 10-24.340(1)(A)** (eff. 2024-09-30): if any date for performing an act falls on a Saturday, Sunday, or legal holiday, the act is timely on the next day that is none of those. It does not define "legal holiday" or cite § 9.010. *(verified 2026-10-02, SOS CSR PDF)* - **RSMo § 1.040** (pulled 2026-10-06): "The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded." It excludes Sundays only — it does not supply a holiday or Saturday rule and does not define "legal holiday." *(verified 2026-10-06)* - ⛔ Whether § 9.010's "public holidays" supplies the meaning of "legal holiday" in 12 CSR 10-24.030(1) / 24.340 is an interpretation question. When a rollover depends on a holiday, give both dates and lead with the earlier one. - ⛔ **Pre-CDL SIS and the lifetime rule** (§ 302.755.3): Form 899 limits recording of SIS dispositions to drivers who held a CDL or were driving a CMV at the time of the stop. Whether an SIS received before the person held a CDL counts is OPEN: say "may count," "needs further attorney analysis." 49 C.F.R. § 383.51 (pulled 2026-10-06) applies sanctions to a "holder of a CLP or CDL" convicted and counts a second conviction of "any combination of offenses" in a separate incident, but does not say whether a pre-CDL offense is the first. *(flagged 2026-10-02; § 383.51 pulled 2026-10-06)* - **RSMo § 577.001(15)** (eff. 2020-08-28): an intoxication-related traffic offense includes one in violation of a "county or municipal ordinance." *(verified 2026-10-01)* Municipal SIS under the current text: § 577.023.4 + § 577.001(15); no post-2017 case verified — say "confirm with an attorney." - ⛔ **Offense before 2026-08-28:** the prior § 577.010 (2017–2026) may govern and is not verified here. Flag every § 577.010 statement. ===== FILE: gotchas.md ===== # gotchas.md — mo-dwi-client-explainer Failure modes found in adversarial review and audit. Read before responding. 1. **Never say a temporary permit is in effect, or how long it lasts, before a hearing request has actually been filed.** The single most dangerous past finding: an explanation implied driving coverage "until the hearing is resolved" when no hearing had been requested — false security at the moment urgency matters most. 2. **§ 302.441 is not the interlock statute.** 2.0.0 cited it for interlock requirements generally; it only covers the employment-exemption variance. Use § 302.525.2(1) for the first-offense restricted privilege, and don't state § 302.440 terms (⛔). 3. **"SIS protects a CDL" is wrong.** Say it **does not** (resolved 2026-10-02), cite § 302.700.2(12), § 384.226, § 302.225.1 and DOR Form 899, and escalate. And § 302.755.1(1) applies to driving **any** motor vehicle under the influence, not just a commercial one. 4. **Don't claim how the Driver License Compact or another state treats a Missouri SIS.** Not in this skill's sources. 5. **Don't draw a legal conclusion from an absence.** "No priors mentioned" isn't "confirmed no priors." SIS availability is provisional until the record is checked. 6. **SATOP has no fixed hour count.** The assessment sets the scope. 7. **Always give the license-deadline basics.** The 2026-10-01 review's only HIGH finding: a CDL holder 19 days past a hand-delivered Form 2385 was told only that "those deadlines can be short." State the 15/18-day and postmark rule and point to `mo-dwi-intake`. 8. **The interlock is a condition of the optional restricted privilege**, not a blanket requirement — never answer "yes, you'll need one." 9. **Don't apply § 577.010.3 to the user's reported BAC** or say which SIS route "applies"; write "if this is a first offense, the statute allows…" 10. **Don't describe what happens if SES probation is revoked** — not verified. 11. **Don't interpret "alcohol-related enforcement contact."** Quote § 302.755.1(1) and stop. 12. **Never paste `authority.md` into the answer.** 13. **The § 302.525.2(1) five-year look-back runs from the current arrest.** Run 2 said interlock eligibility "depends on the 2017 record" for a matter nine years old. 14. **Name both CDL routes.** § 302.755.1(1) covers a conviction *and* an alcohol-related enforcement contact; run 2's SIS answer mentioned only the conviction question. 15. **Deadline basics include the weekend/holiday rollover, and say when the deadline may have passed.** Review run 2 (2026-10-02) caught both: the rollover was missing, and a user whose dates put them past day 15 was told the request "is due." 16. **Law-firm users get the same information-only output, without the referral line.** Run 2 told a paralegal to "find a Missouri DWI attorney." 17. **Sources cited uses each entry's own verification date.** Run 2 stamped July-verified sources "verified 2026-10-01." 15. **A prior SIS counts toward the lifetime CDL rule.** Run 3 (2026-10-02, HIGH) called the lifetime-disqualification question "a records check"; say the SIS counts. 16. **Don't make an SES look safer than an SIS.** Run 3's table left the SES cell as no-authority, which reads as "the SES is safer." Both count. - **The temporary permit, too.** If the license was taken, say the Form 2385 permit lasts 15 days; run 3 left it out for a CDL holder 17 days in. **And for a law-firm user, drop the Lawyer Referral entry from the pasted `resources.md`** — run 3 still showed it. - **CDL + SIS now cites 49 C.F.R. § 384.226** (federal anti-masking rule) alongside § 302.700.2(12): say an SIS **does not** protect a CDL (resolved 2026-10-02 with § 302.225.1 and DOR Form 899). - **§ 302.530.1 supports only "fifteen days of receipt."** Run 5 (2026-10-02) cited it for the 18-day, postmark, and weekend rules, which come only from 12 CSR 10-24.030(1). Cite them separately. - **Don't cite § 577.023.4 or *Turner* for the lifetime CDL count.** Run 5 (2026-10-02, HIGH) did. The CDL count rests on § 302.700.2(12), § 302.225.1, § 384.226 and Form 899. - **"A past SIS counts" is not "prior offender."** Run 5 suggested a floated SIS might be barred by a 2016 SIS outside the five-year window (§ 577.001(20)). Keep the tier question separate. - **Say "lifetime (the director may issue rules reducing it to not less than ten years; no current rule verified)."** Run 6 (2026-10-02) stated a bare lifetime disqualification three times; 2026-10-06 pull found the only reduction rule located was rescinded eff. 1999 — never promise a reduction. - **Don't hedge on dates that are already settled.** Run 6 (2026-10-02) said a 2019 matter's five-year status "depends on" its dates for a Sept 2026 arrest. Any 2019 date is outside the window (gotcha 13). - **A pre-CDL SIS is OPEN for the lifetime rule.** Run 8 (2026-10-02, HIGH): called a 2018 pre-CDL SIS a settled CDL "conviction," though Form 899 records SIS only for CDL holders or CMV stops. Flag it everywhere. - **Never cite *Turner* for a municipal SIS** (Run 10, 2026-10-02, HIGH). Use § 577.023.4 + § 577.001(15) and "confirm with an attorney." - **The pre-2026-08-28 version flag goes on every § 577.010 statement** (Run 10, HIGH), including the .6(1) SIS bar and table rows — not only .3. ===== FILE: resources.md ===== ## VERIFICATION & RESOURCES To verify programs, approved providers, and reinstatement requirements: * **Missouri Department of Mental Health — SATOP:** https://dmh.mo.gov/behavioral-health/satop * **Missouri Department of Revenue — Reinstatement requirements:** https://dor.mo.gov/driver-license/revocation-reinstatement/reinstatement-requirements.html * **Missouri Revisor of Statutes:** https://revisor.mo.gov/ * **The Missouri Bar — Lawyer Referral Service:** https://www.mobar.org/site/content/For-the-Public/Lawyer_Referral_Service.aspx ===== FILE: ATTRIBUTION.md ===== # Attribution Canonical project: https://topdwi.com Skill: DWI Court Terms Explained Canonical skill page: https://topdwi.com/s/mo-dwi-client-explainer/ Version: 2.1.0 This copy is original to or adapted from TopDWI. Modifications: NONE (If you modify this skill, describe your changes here so they are not attributed to TopDWI.) License: TopDWI Skills License — https://topdwi.com/LICENSE Use, copy, modify, and share — for personal non-commercial use (including your own legal matter), for non-commercial education, or for your own legal practice or organization — with attribution to the canonical source above. No resale; redistribute only free of charge. Attribution may be a plain link; rel="nofollow" is acceptable. Not legal advice, and no attorney-client relationship. Verify every date and rule with the court, the Missouri Department of Revenue, or a Missouri attorney. ===== FILE: mo-dwi-authority.md ===== # mo-dwi-authority.md — Shared Missouri DWI Authority File · v1.1 **Scope:** Canonical authority for the TopDWI Missouri DWI skill suite. Every skill references this file. Statutes, regulations, and binding case law live here once. **Sources & verification** - **Statutes & regulations:** pulled from the Missouri Revisor and the Secretary of State 19 CSR rules PDF via Firecrawl (research **2026-07-30**); effective dates noted. - **2026-10-02 additions:** § 9.010; 12 CSR 10-24.340 (SOS PDF); § 302.530.6–.7; *Romans* and *Koelkebeck* (opinion text); 49 C.F.R. § 384.226 (eCFR). Cross-checked against an independent research pass the same day. - **Re-verification 2026-10-01:** §§ 302.311, 302.525, 302.530, 302.540, 302.574, 302.700, 302.755, 557.011, 558.002, 558.011, 577.001, 577.010, 577.020, 577.029 re-pulled from the Missouri Revisor; 12 CSR 10-24.030 from the DOR official final-rules PDF; Rule 44.01 text; DOR Form 2385 (rev. 08-2026) and DOR hearing FAQ. - **Cases:** reporter citations independently confirmed via **CourtListener** (2026-07-31). - **Breath-test constants** cross-checked against the verified `dui-review-backend` (`rules.py`, `case_law_rules.py`, verified 2026-04-29 / 2026-06-09). **Status legend:** ✅ VERIFIED (primary source + date) · ✅ CL (CourtListener-confirmed citation) · ⚠️ VERIFIED-WITH-CORRECTION · ⛔ do not assert as phrased. > **Aug 28, 2026 amendments are now in force.** **§ 577.010** (L. 2026 H.B. 1740) and > **§ 302.574** were re-verified at their 2026-08-28 versions on 2026-10-01 (below). > ⛔ **§ 302.440** was also amended eff. 2026-08-28 and has **not** been re-verified — do > not state its current terms. **§ 557.011** has a version effective **2028-01-01**; the > operative version is eff. 2013-08-28 — do not cite the 2028 text. > > Attorney-supervised, recognition-only. Confirm currency (citator + Revisor) for the > operative date before courtroom reliance. --- ## 1. Breath-test regulation — 19 CSR 25-30 (SOS PDF; .031/.041/.050/.051/.060 eff. 2020-03-30; .021 eff. 2023-06-30) | Item | Value | Authority | Status | |---|---|---|---| | Maintenance check interval (Type II) | **≤ 35 days**; report to dept. within 15 days | 19 CSR 25-30.031(3) | ✅ | | Approved evidential devices (4) | Alco-Sensor IV w/printer · Intox EC/IR II · Intox DMT (Intoximeters) · Intoxilyzer 8000 (CMI/MPH) | 19 CSR 25-30.050(1) | ✅ | | Reference-solution tolerance | **within 5%** of 0.10 / 0.08 / 0.04 (also gas mixtures, subsec. 5) | 19 CSR 25-30.051(2) | ✅ | | Observation period | **15 minutes**, by a current Type II/III permit holder | 19 CSR 25-30.060(5) | ✅ | | Operator permit | **Type II or Type III** may operate a breath analyzer (Type III: ≥21; ≥10 tests/yr to renew) | 19 CSR 25-30.031(1); .041 | ✅ | | Drug-lab accreditation | Drug-testing labs only. Analyses on/after 2023-06-30: CAP / ABFT / ILAC MRA (**ASCLD absent**). **2020-03-30 to 2023-06-29: ABFT / ILAC MRA only — CAP alone did not satisfy the rule.** Before 2020-03-30 a different list applied (attorney review) | 19 CSR 25-30.021(3)(B) | ✅ (2026-10-06: SOS May 2023 edition for the 2020–2023 window; current text for the rest) | ⛔ No "200-test" calibration interval exists in 19 CSR 25-30. **SFST/HGN are not adopted by rule** (HGN 4-clue threshold is case law — §4). ## 2. Administrative license revocation (civil track) | Item | Value | Authority | Status | |---|---|---|---| | Suspension/revocation determination | probable cause + BAC ≥ .08 (.02 if under 21) | § 302.505.1 (eff. 2001-09-29) | ✅ | | **Hearing-request deadline** | **15 days** from receipt of notice; temp permit issues | § 302.530 (eff. 2012-08-28) | ✅ (was mis-seeded as § 302.525) | | Trial de novo; burden on the State | petition to circuit court; civil rules | § 302.535.1 (eff. 2002-08-28) | ✅ | | Notice form | **Form 2385**, Notice of Suspension/Revocation of Driving Privilege (rev. 08-2026), with 15-day temporary permit if license taken | DOR Form 2385; DOR DWI page | ✅ (2026-10-01) — ⛔ "Form 4307" is **not** the notice; do not use it | | How the request is filed | **written** request; must be filed on or before the effective date = **15 days after issuance if hand-delivered**, **18 days from mailing if DOR mailed the notice**; if sent by U.S. mail postage prepaid, the **postmark date is the filing date**; may also be made electronically as the director prescribes | 12 CSR 10-24.030(1) | ✅ (2026-10-01) | | Weekend/holiday | if the effective date falls on a Sat/Sun/state legal holiday, a request filed the next business day is timely | 12 CSR 10-24.030(1); 12 CSR 10-24.340(1)(A) (same rule for any DOR compliance act) | ✅ (2026-10-01 / 2026-10-02) | | Mailed notice — two clocks | statute: 15 days from **receipt**; rule: 18 days from **mailing**. If the notice arrived within 1–2 days, the statute's date can come first — use the earlier | § 302.530.1; 12 CSR 10-24.030(1) | ✅ (reading, 2026-10-02) | | Appeal of the DOR decision | decision final unless appealed to circuit court (county of arrest) within **15 days** of mailing / notice of the decision | § 302.530.6–.7 | ✅ (2026-10-02) — track the statute, not rule (10)'s wording | | No timely request | hearing denied; DOR FAQ: "no further appeal is possible" | DOR administrative-alcohol FAQ | ✅ (agency statement, 2026-10-01) | | Computation of time (Sundays only) | last day excluded only if a Sunday; no holiday/Saturday rule; "legal holiday" undefined | § 1.040 (pulled 2026-10-06) | ✅ | | Missouri legal holidays | Jan 1; 3rd Mon Jan; Feb 12; 3rd Mon Feb; May 8; last Mon May; June 19; July 4; 1st Mon Sept; **2nd Mon Oct**; Nov 11; 4th Thu Nov; Dec 25 — Sunday holiday observed Monday | § 9.010 (eff. 2022-08-28) | ✅ (2026-10-02) — § 9.010 says "public holidays"; 12 CSR 10-24.030(1) and 24.340(1)(A) say "legal holiday" without defining it (24.340 verified 2026-10-02, SOS PDF; eff. 2024-09-30). ⛔ Whether § 9.010 supplies the rules' term is an interpretation call — when a rollover depends on a holiday, lead with the earlier date | | DOR mailing address / fax | the rule names Driver License Bureau, PO Box 3700; the DOR FAQ names General Counsel's Office, PO Box 475, fax (573) 751-7151 — **they differ** | 12 CSR 10-24.030(1); DOR FAQ | ⛔ do not state an address; use the one printed on the person's Form 2385 or current DOR site | ### Refusal revocation (chemical-test refusal) — § 302.574 (eff. 2026-08-28) | Item | Value | Authority | Status | |---|---|---|---| | Officer serves revocation notice, takes license, issues **15-day temporary permit** + notice of right to petition | — | § 302.574.1 | ✅ (2026-10-01) | | Revocation | **1 year** | § 302.574.3 | ✅ | | Petition for review | in the **circuit (or associate) division in the county of arrest/stop**; may ask the court to **stay** the revocation | § 302.574.4 | ✅ | | Hearing issues | arrest/stop; reasonable grounds; refusal | § 302.574.4(1)–(3) | ✅ (cf. *Hinnah*, §9) | | **Filing deadline** | **30 days after notice of revocation.** § 302.574 states none; § 302.311 allows an appeal "at any time within **thirty days** after notice," and *Romans v. Dir. of Revenue*, **783 S.W.2d 894, 896** (Mo. banc 1990), holds that limit applies to refusal revocations — a late petition bars the court from considering it (judgment void) | § 302.311; *Romans* | ✅ CL (opinion text, 2026-10-02) — *Romans* construed former § 577.041 (now § 302.574, recodified 2017-01-01, amended 2026 H.B. 1740); no case construing § 302.574 with § 302.311 was found. Venue still § 302.574.4. *Boin v. Dir. of Revenue*, 455 S.W.3d 506 (Mo. App. W.D. 2015), reportedly follows *Romans* (jurisdictional; driver must plead/prove timeliness) — existence ✅, holding ⛔ not read. | | Computing court/statutory periods | exclude the trigger day; include the last day unless Sat/Sun/legal holiday, then the next such day | Mo. Sup. Ct. R. 44.01(a); *Koelkebeck v. Dir. of Revenue*, 356 S.W.3d 805 (Mo. App. W.D. 2012) (applied to a 30-day license-review period with a holiday) | ✅ (rule text; *Koelkebeck* opinion text 2026-10-02) | | SATOP before reinstatement | required | § 302.574.7 | ✅ | Note: the refusal **revocation** now lives in § 302.574; § 577.041 still holds the refusal evidence rules and the 20-minute attorney rule (§3). Cases citing "the § 577.041 revocation hearing" (e.g. *Hinnah*) pre-date the transfer. ## 3. Implied consent & the 20-minute attorney rule - **§ 577.020.1(1)** (eff. 2017-01-01) — implied consent; attaches on arrest for an offense arising from acts the officer had **reasonable grounds** to believe were committed while driving intoxicated. ✅ - **§ 577.041.3** (eff. 2017-01-01) — on request for counsel, **20 minutes** to attempt to contact an attorney; continued refusal after = refusal. ✅ - *Norris v. Dir. of Revenue*, **304 S.W.3d 724** (Mo. banc 2010) — request before the advisory still triggers the rule; 20 min run after the advisory; **Director bears the burden to prove lack of prejudice**. ✅ CL - *Snider v. Dir. of Revenue*, **314 S.W.3d 841** (Mo. App. S.D. 2010) — calling a non-attorney ≠ abandonment; Director must prove abandonment. ✅ (Firecrawl) - *Ross v. Dir. of Revenue*, **311 S.W.3d 732** (Mo. banc 2010, SC90317) — reasonable- grounds; **NO current 90-minute arrest limit** (former § 577.039 → § 544.218). ✅ CL *(supersedes the WD69900 disposition — do not cite WD69900 as final.)* ## 4. Field sobriety / HGN (case law only) - *State v. Hill*, **865 S.W.2d 702** (Mo. App. W.D. 1993) — properly administered HGN by a trained officer is admissible; **4 of 6 clues = substantial evidence**. ✅ CL **Survives** *State v. Carson*, **941 S.W.2d 518** (Mo. banc 1997) — *Carson* overruled *Hill* only on the MAI-instruction point, **not** the HGN foundation. ✅ CL - *Duffy v. Dir. of Revenue*, **966 S.W.2d 372** (Mo. App. W.D. 1998) — officer must know/ apply the 4-clue threshold or the HGN lacks foundation (harmless there). ✅ CL - **§ 577.029** (eff. 2018-08-28; one paragraph, no subsections) — blood drawn only by a licensed physician, registered nurse, phlebotomist, or trained medical technician at the officer's request, with consent or a warrant; previously unused sterile needle and sterile vessel; on the tested person's request, full information about the test must be made available. ✅ (2026-10-01) - *Holloway v. Dir. of Revenue*, **324 S.W.3d 768** (Mo. App. S.D. 2010) — training currency is one credibility factor. ✅ (Firecrawl) ## 5. Breath-test foundation (case law) - *Coyle v. Dir. of Revenue*, **181 S.W.3d 62** (Mo. banc **2005**) — origin of the **presumption of invalidity** for a 15-min observation violation. ✅ CL ⚠️ **Overruled in part**: *White v. Dir. of Revenue*, **321 S.W.3d 298** (Mo. banc **2010**) named *Coyle* among cases that applied § 302.535 to create a presumption of validity for the Director's evidence or to burden the driver, and overruled them "to the extent" they did so. Whether that reaches the observation-period proposition is an **⛔ OPEN attorney question** — do not state *Coyle* as settled burden-allocation law. ✅ CL (2026-10-06) - *Hurt v. Dir. of Revenue*, **291 S.W.3d 251** (Mo. App. S.D. 2009) — applies *Coyle* (chewing tobacco in mouth); no additional proof of contamination needed. ✅ CL *Hurt* (2009) predates *White* (2010); its burden language carries the same ⛔ OPEN flag. - *Raisher v. Dir. of Revenue*, **276 S.W.3d 362** (Mo. App. W.D. 2009) — a material two-result spread (.078/.094) with no error code leaves the Director's proof in equipoise. ✅ (FC) ⛔ Do **not** name "destructive contradictions": *State v. Porter*, **439 S.W.3d 208**, 213 (Mo. banc 2014) abolished that doctrine. *Raisher*'s equipoise disposition does not depend on the label. ## 6. PBT / PAS — ⚠️ CORRECTED - **§ 577.021.3** (eff. 2017-01-01) — a PBT is admissible **as probable cause and as exculpatory evidence, but NOT as evidence of BAC**; §§ **577.019 and 577.020** do not apply to a pre-arrest PBT. ✅ ⛔ **Do NOT say § 577.021 exempts the PBT from § 577.026** — **§ 577.026 was repealed** (L. 2014 S.B. 491, eff. 2017-01-01). That proposition survives in pre-2017 cases only. - *State v. Morgenroth*, **227 S.W.3d 517** (Mo. App. S.D. 2007). ✅ (FC) - *State v. Robertson*, **328 S.W.3d 745** (Mo. App. W.D. 2010) — PBT calibration = weight/credibility, not admissibility. ✅ (FC) ## 7. Stop / Fourth Amendment - *State v. Loyd*, **326 S.W.3d 908** (Mo. App. W.D. 2010) — enumerated insufficient stop bases; unlawful stop → suppression of all that follows incl. the chemical test. ✅ (FC) ## 8. Confrontation Clause — lab / blood evidence Cite the **full chain**, never *Crawford* alone; cite *Smith* for any surrogate-analyst scenario: - *Crawford v. Washington*, 541 U.S. 36 (2004); *Melendez-Diaz v. Massachusetts*, 557 U.S. 305 (2009); *Bullcoming v. New Mexico*, 564 U.S. 647 (2011). ✅ (well-settled) - *Smith v. Arizona*, **602 U.S. 779** (2024) — rejects "basis-not-for-truth" surrogate. ✅ CL ## 9. Hearing framework & burden - *White v. Dir. of Revenue*, **321 S.W.3d 298** (Mo. banc 2010) — § 302.535 puts both production + persuasion on the Director; no presumption of validity; cross-exam alone can defeat it. ✅ CL - *Hinnah v. Dir. of Revenue*, **77 S.W.3d 616** (Mo. banc 2002) — the § 577.041 refusal hearing is limited to 3 issues: arrest; reasonable grounds; refusal. ✅ CL ## 10. Criminal DWI — offense, classification & sentencing exposure ✅ (was ⛔) **⚠️ § 577.023 is procedure only** (pleading/proof/findings for repeat-offender status; jury not told the range). It does **not** contain the definitions or ranges. Correct map: - **§ 577.010.1** (current version eff. **2026-08-28**, L. 2026 H.B. 1740; re-verified 2026-10-01) — DWI = operating a vehicle while intoxicated. The prior version (eff. 2017-08-28, ended 2026-08-28) was pulled 2026-10-06: same .2–.6(5) numbering; continuous monitoring is .6(6) (now .7); **.8/.9 do not exist in it**. Versions before 2017-08-28 ⛔ not pulled. Ask for the offense date. **§ 577.012** — driving with excessive BAC (≥ .08; .04 CMV). - **Definitions — § 577.001** (eff. 2020-08-28): **prior** (1 IRTO "within five years of the occurrence of" the charged IRTO), **(20)**; **persistent** (2+ IRTOs on separate occasions, or 1 involving injury/death), **(18)**; **aggravated** (3+, or 2 with one injury/death), **(1)**; **chronic** (4+, or 3 with one injury/death), **(5)**; **habitual** (5+, or 4 with one injury/death), **(11)**; IRTO defined at **(15)**. ✅ **Lookback (resolved 2026-10-01 from the text):** the five-year language appears **only** in (20) *Prior*. The *Persistent / Aggravated / Chronic / Habitual* definitions contain **no time window**. ✅ text — still say "confirm with an attorney" before applying it to a specific record (how a given prior is counted can turn on case law). ✅ **RESOLVED 2026-10-02 — SIS as a counted prior.** A prior guilty plea or finding of guilt followed by an SIS **counts**. Current § 577.023.4 (eff. 2017-01-01) proves status by "findings of guilt"; the § 577.001 tiers turn on being "found guilty"; § 577.001(15) covers state, county, and municipal offenses. *Turner v. State*, 245 S.W.3d 826, 828 (Mo. banc 2008): a guilty plea with SIS, though "technically … not a conviction," "may be used to enhance punishment"; *Turner* excluded only **municipal** SIS priors, by lenity, because the then-statute conflicted. The legislature answered *Turner* (2009 S.B. 930 history, recounted in *State v. Downing*, 359 S.W.3d 69 (Mo. App. 2011)); former § 577.023.16 then counted a municipal SIS (*State v. Coday*, 496 S.W.3d 572 (Mo. App. 2016)) — both pre-2017 history, not authority for the current text — and the 2017 text no longer contains the conflicting sentence. ✅ CL (opinion text). No post-2017 appellate case pulled. The Revisor annotation to older § 577.023 also cites *State v. Haskins*, 950 S.W.2d 613 (Mo. App. S.D. 1997) (municipal DWI plea with SIS = IRTO) — annotation only, opinion not pulled, pre-2017 history. **Don't cite *Meggs*** (1993 statute). Say a past SIS **counts**; still confirm the record. - **Classification + ceilings** (§ 577.010.2 / § 558.011 / § 558.002): | Status | DWI class | Prison exposure | Fine ceiling | Key DWI restriction (§ 577.010.6) | |---|---|---|---|---| | First offense | Class B misd. | up to 6 mo | $1,000 | SIS ⇒ ≥2 yrs probation (treatment-court alt., § 577.010.3) | | Prior offender | Class A misd. | up to 1 yr | $2,000 | **No SIS**; ≥10 days before parole/probation* | | Persistent | Class E felony | up to 4 yrs | $10,000 | **No SIS**; ≥30 days* | | Aggravated | Class D felony | up to 7 yrs | $10,000 | **No SIS**; ≥60 days | | Chronic | Class C felony | 3–10 yrs | $10,000 | **No SIS**; ≥2 years | | Habitual | Class B felony | 5–15 yrs | none listed in § 558.002.1 | **No SIS**; ≥2 years | | Repeat death offense under § 577.010.2(7) | Class A felony | 10–30 yrs or life (§ 558.011.1(1), version eff. 2021-08-28; later version eff. 2028-01-01 not stated) | none listed in § 558.002.1 | ≥10 yrs before parole/probation, § 577.010.9 (offenses on/after 2026-08-28 only) | Pin-cites for the current (2026-08-28) § 577.010, re-verified 2026-10-01: classes — first **.2(1)**, prior **.2(2)(a)**, persistent **.2(3)**, aggravated **.2(4)(a)**, chronic **.2(5)(a)**, habitual **.2(6)(a)**; first-offense SIS conditions **.3** (opens "Notwithstanding the provisions of subsection 2"; the two routes are joined by "or"); no SIS / no fine in lieu of jail for any repeat tier **.6(1)**; minimum time before parole/probation — prior **.6(2)** (alternative: 30 days community service or treatment program), persistent **.6(3)** (alternative: 60 days community service or treatment program), aggravated **.6(4)**, chronic/habitual **.6(5)**; BAC-based minimums when SIS is denied under .3 — .15–.20: ≥48 hrs, >.20: ≥5 days, **.5**; death of a person under .2(6)(b) — ≥5 years before parole/probation, **.8**; class A felony under .2(7) — ≥10 years, **.9**. Prison ranges: § 558.011.1 (B felony 5–15, **.1(2)**; C felony 3–10, **.1(3)**). Fines: § 558.002.1. \*The alternatives above (prior/persistent) are verified at § 577.010.6(2)–(3) in the 2026 text; **do not** cite § 577.010.3 for them. Other § 577.010.2 conditions can independently raise the class (e.g. a passenger under 17 → class A misd., **.2(2)(b)**; injury/death → **.2(4)(b)–(7)**). **Verify the offender history and the operative statute date before stating exposure.** ## 11. Consequences (client-explainer) — ⚠️ sourcing corrected - **SATOP** — defined at **§ 302.010(24)** (not § 577.001); reinstatement requires completion, **§ 302.540.1**. ⛔ **No fixed hour count** — the assessment sets scope. ✅ - ⛔ **§ 302.441** is only the interlock **employment-exemption variance** — never cite it for interlock requirements generally. First-offense administrative restricted driving privilege requires a functioning interlock: **§ 302.525.2(1)** ✅ (2026-10-01). - **Ignition interlock (IID)** — eligibility/duration are in **Chapter 302**, not §§ 577.600–.614 (those create related **offenses**). Court-ordered: **§ 302.440**; administrative: **§ 302.525**; 5/10-yr denial reinstatement: **§ 302.060**. Duration generally **≥ 6 months** from reinstatement, extended by violations in the last 3 mo. ✅ - **LDP vs RDP** (not interchangeable): **§ 302.309** = Limited Driving Privilege; **§ 302.010(20) / § 302.525** = Restricted Driving Privilege (60-day, or 90-day interlock RDP). ✅ - **SIS vs SES** — **§ 557.011.2(3)–(4)** (operative version eff. 2013-08-28): SIS = no sentence imposed; SES = sentence pronounced, execution suspended. Probation terms **§ 559.016** (misd. 6 mo–2 yr; felony 1–5 yr). DWI-specific bars per § 577.010.6. ✅ ## 12. Commercial driver's licenses (CDL) - **§ 302.755.1(1)** (eff. 2021-08-28) — disqualified from driving a CMV for **not less than one year** if convicted of a first violation of driving **a motor vehicle** (not limited to a CMV) under the influence, **or of an alcohol-related enforcement contact as defined in § 302.525.3**. **.2** — ≥3 years if hauling hazmat. **.3** — **lifetime** for two or more such violations from separate incidents (the director "may issue rules" reducing it to ≥10 years; ⛔ no current implementing rule located 2026-10-06 — the rule found was rescinded eff. 1999; never promise a reduction). ✅ (2026-10-06) - **49 C.F.R. § 384.226** — a state "must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle," of a traffic law from appearing on the CDLIS record. ✅ (eCFR, current as of 2026-09-30; pulled 2026-10-02) - **§ 302.700.2(12)** — "conviction" includes pleas of guilty and nolo contendere "regardless of whether the penalty is rebated, suspended or prorated." ✅ - **§ 302.225.1** (eff. 2005-09-30) — every court must forward to DOR "a record of any plea or finding of guilty" for a moving violation; the director transmits conviction information "as required in 49 CFR Part 384." ✅ (2026-10-02) - **DOR Form 899** (driver-record violation descriptions) — "Suspended Imposition of Sentence (SIS) convictions received under §302.725, RSMo, are included on the driver record if the driver was a CDL holder or operating a commercial motor vehicle at the time of the stop." ✅ (dor.mo.gov, 2026-10-02; the § 302.725 cross-reference is DOR's wording.) ✅ **RESOLVED 2026-10-02:** an SIS does **not** protect a CDL — the plea is reported (§ 302.225.1), counts as a "conviction" (§ 302.700.2(12)), may not be masked (§ 384.226), and DOR records it (Form 899). No case pulled. Say an SIS **does not** protect a CDL, cite these, and escalate. ⛔ **OPEN (2026-10-02):** whether an SIS received **before** the person held a CDL counts toward the § 302.755.3 lifetime rule. Form 899 records SIS dispositions only "if the driver was a CDL holder or operating a commercial motor vehicle at the time of the stop." Flag it; don't conclude. 49 C.F.R. § 383.51 (pulled 2026-10-06) subjects a "holder of a CLP or CDL" to disqualification when convicted, and counts a second conviction "of any combination of offenses" in a separate incident, but does not say whether an offense from before the person held a CDL is the first. Use hedged words only: a pre-CDL SIS "may count" toward the lifetime rule, "needs further attorney analysis"; never "would count" or "would not count." Federal reinstatement: § 383.51 lets a State reinstate a lifetime-disqualified driver after 10 years if the driver completes a State-approved rehabilitation program (paragraph not pinned) — an option, not a Missouri promise. - ✅ **§ 302.525.3** (eff. 2026-08-28; pulled 2026-10-06): "alcohol-related enforcement contacts" include any suspension or revocation under §§ 302.500–302.540, any suspension or revocation in this or any other state for refusing chemical testing, and any conviction in this or any other state for a DWI-type violation. ⛔ OPEN: whether a DOR suspension alone triggers CDL disqualification (§ 302.755.1(1) says "convicted of") — quote, don't conclude. --- ## Verification protocol 1. Statutory text from the Missouri Revisor; regs from the SOS 19 CSR PDF — with the effective-date/`bid` version that is operative on the answer date. 2. Every case confirmed (existence + reporter cite) before it enters a skill. 3. Pin-cite to the subsection. Date-stamp everything; watch the Aug 28, 2026 amendments. 4. Anything unverified is marked ⛔ and does not ship as an assertion. 5. **A hedge does not expire within the same document.** If a skill flags a fact as unverified/unconfirmed anywhere in its output (e.g. "[CONFIRM WITH ATTORNEY]", "unverified"), every later sentence in that same output that relies on the fact must carry the same hedge — never restate it as "confirmed" a paragraph later just because the classification/deadline/conclusion built on it needs to sound settled. ## Provenance Statutes/regs: Missouri Revisor + SOS 19 CSR PDF via Firecrawl (2026-07-30). Cases: CourtListener-confirmed (2026-07-31). Breath-test constants cross-checked vs. `sps18209/dui-review-backend` (verified 2026-04-29 / 2026-06-09). *Not legal advice. Recognition-only legal information: the skills organize, explain, and calculate deadlines from the user's own dates; they never advise, predict, or decide admissibility. Confirm currency with the Revisor and the agency before relying on any rule.*