Forty-eight U.S. states have made texting behind the wheel illegal for all drivers. Not Missouri.
The state of Missouri allows drivers 22 years old and older to text while driving. Younger drivers cannot legally text while driving in Missouri.
Missouri has no prohibition on cellphone use behind the wheel, despite the fact that more than 2,500 car accidents and 1,000 injuries occurred in 2019 because of the use of a “communication device.” This puts Missouri at odds with 24 states that prohibit all drivers from using handheld cell phones while driving and 37 states that ban all cell phone use by younger or novice drivers.
Missouri’s permissive treatment of cell phone use by drivers is just one of the rules of the road that drivers should know about before getting behind the wheel in the Show-Me State. Car accidents involving distracted drivers have increased in recent years in Missouri.
Below Craig, Kelley & Faultless LLC reviews some Missouri traffic laws set by state statute that you should be familiar with if you are driving in St. Louis or elsewhere in Missouri this summer.
Driving Under the Influence in Missouri
Forty-nine U.S. states, including Missouri, make a .08% blood-alcohol content (BAC) the legal threshold for a drunk driving arrest. In Utah, the limit is .05%.
The BAC threshold in Missouri is .04% if the driver is operating a commercial vehicle, such as a large truck or a bus. Missouri prohibits motorists who are under the legal drinking age of 21 years old from driving with a BAC of .02% or more.
Missouri’s DWI laws prohibit motorists from operating or being in actual physical control of a motor vehicle:
- with an excessive BAC, or
- while under the influence of any combination of alcohol or drugs.
A first DWI offense in Missouri is a Class B misdemeanor, and a conviction results in a 90-day suspension of driving privileges with restricted privileges potentially available to get to work and school.
If a driver records a 0.15-0.2% BAC on a first offense, the minimum jail time if convicted is 48 hours, and for a BAC of more than 0.2%, it is five days.
Jail time increases for multiple DWI convictions:
- A minimum of 10 days for a second conviction
- A minimum of 30 days for a third conviction, with some community service options for early release
- A minimum of 60 days for a third conviction
- A minimum of two years for four or more convictions
In addition, 2 points will be assessed to your Missouri driver record for a first conviction involving a BAC of .04% or higher. You will be disqualified from driving a commercial motor vehicle for one year.
A second intoxication-related traffic offense, regardless of the length of time between convictions, normally results in a one-year revocation of driving privileges because of the number of points on your license. If you are convicted a second time for an alcohol- or drug-related offense within a five-year period, you may also receive a five-year suspension of driving privileges.
If you are convicted three or more times for DWI or excessive BAC in Missouri, you will be denied a driver’s license for 10 years.
Car Seats and Seat Belts Required in Missouri
Missouri requires anyone who is 16 years old or older to wear seat belts in the front seat of a car. A child of 8 to 15 years old must wear a seat belt in the front and rear seats. Anyone younger than 18 in a commercial truck must wear a seat belt.
The fine for violating the seat belt law is $10. But a driver who only has a permit or intermediate driver’s license could face fines, court costs, and license suspension.
Children younger than 4 years old or less than 40 pounds must be in an appropriate child safety seat.
Children ages 4 through 7 who weigh at least 40 pounds must be in an appropriate child safety seat or booster seat unless they are 80 pounds or 57 inches tall.
A violation of the laws requiring child passenger restraints/boosters can result in a fine of $50 plus court costs. Charges will be dismissed if the driver provides evidence that he or she has acquired a child seat or restraint system prior to or at his or her hearing.
The Missouri Move-Over Law
Missouri’s Move Over law requires drivers to change lanes, if it is safe to do so when approaching or approached by any emergency vehicle with lights flashing, including Missouri Department of Transportation vehicles.
If the emergency vehicle is approaching, the driver is to move to the right as far as possible. A driver approaching an emergency vehicle with lights flashing should move to the left if it is possible to do so safely.
Drivers who can’t change lanes safely must slow down as they pass emergency vehicles.
Violation of the Move Over law is a class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $2,000.
What to Do After a Car Accident in Missouri
If you are involved in a car accident in Missouri, you must stop at the accident scene. Leaving the scene of an accident is a Class A misdemeanor or a Class E felony (punishable by up to four years in prison) if someone has been injured or property damage value exceeds $1,000.
You must:
- Help anyone who is hurt.
- Contact the police.
- Use flares, reflectors, or flashlights, if available, to warn other traffic if the accident happened at night or in bad weather.
- Exchange names, addresses, driver’s license numbers, vehicle identification, license plate number, names of the insurance company, and policy numbers with everyone involved in the collision.
Move your vehicle after an accident if it might cause another accident. Otherwise, wait for the police to tell you to move it.
If you have been injured in a car or truck accident that was not your fault, you should contact a personal injury attorney who focuses on representing people injured in car and truck accidents. In St. Louis, the attorneys at Craig, Kelley & Faultless LLC can help you seek compensation for your medical bills and other losses if your injuries were caused by another driver’s carelessness or disregard for safety.
To schedule a free case evaluation, contact us online or call (314) 367-2661 today. The attorneys at Craig, Kelley & Faultless are here for a no-obligation discussion of your rights after a car accident in Missouri. Our car accident attorneys can help you recover compensation that insurance companies will not pay out on their own.