S.A.T.O.P. REQUIREMENTS IN MISSOURI DUI/DWI CASES
When you receive a Missouri DUI / DWI charge, oftentimes you will get your driver's license suspended.
Because there are very short time limits in requesting a challenge to your driver's license being suspended after you are arrested
(15 days if you took a chemical test and failed—if you “blew over the limit”; 30 days if you refused a chemical test),
Many times you might have already waived your right to a hearing and had your license suspended prior to interviewing our office. If this has happened to you, I am truly sorry that you did not find this page prior to having your license automatically suspended without a fight.
This page deals with the suspension of your driver's license for whatever reason and what you need to do to get your driver's license back. The requirements in Missouri for driver's license reinstatement often change.
It is very important that you understand what might be involved in your particular case when it comes time for reinstatement after any suspension or revocation.
Many times you might be driving on a suspended license without even knowing it—particularly where your mailing address has changed from the address on your driver's license, and the information sent to you about your arrest and your license is sent somewhere else.
It is important that you understand that there are two separate situations facing you. One is, of course, the criminal charge for which the court can impose incarceration or a fine if you would be found guilty.
That is the Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charge. (technically, it is a DUI in Kansas and DWI in Missouri ). The other is the administrative suspension for reasons of refusing a chemical test examination, taking one and failing it, or accumulating too many “points” on your driver's license, etc.
In the past, if you had your driver's license suspended for whatever reason, you simply had to attend a 10-hour alcohol education program, then referred to as “ARTOP” (Alcohol Related Traffic Offenders Program).
You then would simply have to show completion of that program, pay a reinstatement fee, and show proof of what is called an SR-22 insurance filing with the Sate of Missouri in order to be reinstated. Recently that has changed.
The new program controlling reinstatement is now referred to as SATOP (Substance Abuse Traffic Offenders Program). This is now a statutory requirement. Under SATOP, there are several things you must do and several options or requirements which might be placed on your driver's license in order to obtain reinstatement of your Missouri driving privilege. In other words, it is now not simply a matter of attending a 10-hour driving program as it used to be.
Under SATOP, the first thing you now must do is undergo a “professional assessment" from an "Offender Management Unit."
If you received a Missouri DWI, BAC, MIP (minor in possession) while operating a vehicle, a Zero Tolerance offense or a drug charge DWI, BAC, MIP (While Operating a Vehicle,) Zero Tolerance, or Drug Charge, The Offender Management Unit will refer you to participate in a low or high-risk program, then the program and fees will be collected.
3 fees total for 1st offender level: OMU $120, MHEF $125, OEP/ADEP $100 ($345 total.) If you received a Minor in Possession of Alcohol charge where you were not operating a vehicle you will not have to screen with an Offender Management Unit, or pay the fees listed above other than ADEP fees of $100 total.
In general, the cost of an Offender Management Unit assessment runs a minimum of $195.00. That fee includes $65.00 for the initial screening, a $60.00 fee to the Department of Revenue, plus the cost for the specific program which, as I will discuss further, is a minimum of $70.00.
There will never be a fee less than $105.00 so any driver should expect that minimal fee in order to accomplish what needs to be done to get the driver's license reinstated.
The assessment will consist of what is called a "DRI-II" (driver risk inventory which is a computer scored questionnaire about you lifestyle and drinking patterns, and an interview with a counselor who will go over your driving record.
After the assessment, there are three different options available depending on a number of things, but the most important one is your past driving record. Other things such as your “lifestyle,” the reading on your chemical test examination (how “high you blew,”), etc. can also be taken into consideration. What they are trying to do is determine what particular problem level you have so that a particular course of treatment can be set for you. The three treatment levels are:
A 10-Hour, alcohol Offender Education Program (OEP) (similar to the original ARTOP program)
A 50-hour Clinical Intervention Program involving counseling over a three to six week period (CIP)
A good “rule of thumb” is that first-time offenders can expect the A 10-Hour, alcohol Offender Education Program (OEP). If a person is a second-time DWI offender, he can probably expect a requirement that he complete the A 48-Hour Weekend Intervention Program (WIP).
Those with two or more prior alcohol arrests or convictions should be concerned that they might be required to undergo the more extensive Clinical Intervention Program (CIP). You need to understand these are loose guidelines.
For instance, some SATOP evaluators are now requiring the Weekend Intervention Program (WIP) on first-time offenses where you blew a “high” breath test result. Another example: many counties will offer a first-time diversion on both the civil and criminal sides of your cases in return for completing the Weekend Intervention Program (WIP) on a first-time offense.
Normally, you would be facing a minimum one-year suspension on a first refusal, but might avoid the license suspension in some counties in return for completing the Weekend Intervention Program (WIP) on a first-time offense as opposed to the normal 10-Hour Offender Education Program (OEP) which is typical for a first-time offense.
You must be aware that they are administering a threat assessment when you initially screen for SATOP, and that if you are perceived as a threat to have an accident due to your drinking tendencies, you can and often will be assessed strictly regardless of whether or not this is your first-time offense.
NOTE: you should be aware that you have the right to a "second opinion" from a different SATOP Offender Management Unit if the first one judges you harshly. You will have to pay an additional screening fee of $120.00 to the second provider as well.
You also have the right to petition the Court to request Judicial Review regarding the screening recommendation. This is a civil legal process that the offender must initiate. The Qualified Professional making the recommendation that is being challenged may be summoned to court to justify the recommendation.
Costs vary depending on the program required. Basically, the 10-hour Offender Education Program (OEP) will probably be covered by the $195.00 minimum fee previously discussed. The Weekend Intervention Program (WIP) generally runs from 4:00 p.m. on Friday until 4:00 p.m. on Sunday and requires the particular person to be housed in a restrictive environment and to receive at least 30 hours of intensive educational intervention. The cost for that is approximately $350.00.
The Clinical Intervention Program (CIP), again which is utilized for people with three or more prior alcohol contacts, consists of 50 hours of treatment on an outpatient basis over a six-week period of time.
The cost for that program will generally run at about $750.00. There are considerations based on a person's ability to pay and there are state funds that can be utilized based on that ability.
If retained, our office will be there to assist you in obtaining your driver's license reinstatement and obviously will do its best to show in advance of any final decision, your willingness to accept and receive help on your own. Courts often look to these programs and think that a person's voluntarily participating in them is a good sign that that person should be given another chance.
Missouri DWI SATOP (Substance Abuse Traffic Offenders Program)
Missouri Adolescent Diversion Education Program (ADEP)
Missouri Youth Clinical Intervention Program (YCLIP)
Missouri SATOP Offender Education Program (OEP)