If you’ve been charged with driving while intoxicated (DWI) in Missouri, you face jail time, steep fines, license suspension, and other consequences. However, if it’s your first offense, you might be eligible for a Suspended Imposition of Sentence, or SIS. Is SIS the right choice for you?
What Is a Suspended Imposition of Sentence (SIS)?
A Suspended Imposition of Sentence is a type of sentencing where the judge does not enter a formal conviction as long as you successfully complete probation. Under Missouri Rev. Stat. § 557.011, the court can place an eligible defendant on probation without entering a judgment of conviction. In other words:
- You plead guilty to the DWI charge
- The court withholds a final sentence
- You are placed on probation, typically for one to two years
- If you complete probation successfully, you avoid a conviction on your criminal record
- If you violate probation, the court can then impose a sentence, which could include jail time and a conviction on your record
An SIS is not the same as a Suspended Execution of Sentence (SES), where a conviction is entered and the sentence is suspended. With SIS, there is no conviction entered—unless you violate the terms of probation.
When Is SIS Available for DWI Cases?
SIS is generally available only for first-time DWI offenders who meet certain criteria. Missouri courts are more likely to grant SIS if:
- You have no prior DWI convictions
- Your blood alcohol content (BAC) was not excessively high (typically under 0.15%)
- No one was injured as a result of your DWI
- You are willing to comply with probation terms, such as alcohol treatment, community service, or ignition interlock use
Judges have the discretion to grant or deny SIS. Depending on the specific circumstances, the prosecuting attorney may also need to agree. This may be part of a plea deal.
What Are the Benefits of SIS for First-Time DWI Offenders?
For many first-time DWI offenders, an SIS is one of the best outcomes possible. Perhaps most importantly, you won’t have a criminal conviction on your record if you successfully complete probation. This can make a significant difference when applying for jobs, housing, or professional licenses. An SIS allows you to avoid jail time. This gives you the opportunity to demonstrate accountability without serving a sentence behind bars.
Plus, completing SIS probation may help with reinstating your driver’s license or reducing restrictions, depending on the specifics of your case. In short, SIS is a second chance, particularly if you made a one-time mistake and are unlikely to reoffend.
Are There Any Downsides?
An SIS is not a “get out of jail free” card. There are important risks and consequences to consider:
- You must plead guilty: To receive an SIS, you must plead guilty to the charge. If you violate probation, the court can enter judgment and sentence you without a trial.
- SIS appears on background checks: Even though there’s no conviction, the charge and SIS disposition can still appear on background checks.
- Probation can be strict: Your probation terms may include regular check-ins with a probation officer and drug or alcohol testing. You may be required to complete alcohol education or treatment programs and community service. Finally, you may be required to install an ignition interlock device.
- It’s a one-time deal: If you’re arrested for DWI again, you won’t be eligible for SIS a second time. The new charge will likely result in more severe consequences.
SIS vs. Fighting the Charge
In some cases, it may make sense to fight the charge. Your attorney may recommend declining an SIS if:
- The traffic stop was unlawful
- The breath or blood test was flawed
- You weren’t actually impaired at the time
Always speak with a qualified criminal defense attorney who can review your case and give you personalized legal guidance.
Talk to a DWI Defense Attorney Today
Don’t face a DWI charge alone. Instead, get the seasoned legal help you need to explore all the defense options available to you. Call Travis Noble, P.C. for a consultation, and let’s discuss your case together.