What are DWI penalties in Missouri?
Missouri's DWI law is R.S.Mo. § 577.010 (driving while intoxicated) and § 577.012 (driving with excessive BAC).
1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (R.S.Mo. § 577.500).
2. First Offense — Class B misdemeanor: up to 6 months jail, up to $1,000 fine, 30-day suspension plus 60-day restricted driving privilege (or 90-day full suspension), Substance Abuse Traffic Offender Program (SATOP), 8 points on driving record (revocation triggered at 12 points in 12 months).
3. Second Offense ('Prior Offender') — Class A misdemeanor: up to 1 year jail (mandatory minimum 10 days or 30 days community service), up to $2,000 fine, 1-year license revocation (or 5 years if within 5 years of prior), mandatory IID for at least 6 months.
4. Third Offense ('Persistent Offender') — Class E felony: up to 4 years prison (mandatory minimum 30 days or 60 days community service if probation), 10-year license denial, mandatory IID.
5. Fourth Offense ('Aggravated Offender') — Class D felony: up to 7 years prison (mandatory minimum 60 days), 10-year denial.
6. Fifth Offense ('Chronic Offender') — Class C felony: 3-10 years prison (mandatory minimum 2 years served).
7. Sixth Offense ('Habitual Offender') — Class B felony: 5-15 years prison (mandatory minimum 2 years served), 10-year denial.
8. Involuntary Manslaughter While Intoxicated (§ 565.024) — Class C felony: 3-10 years prison; Class B if prior DWI (5-15 years).
9. Implied Consent (§ 577.041) — Refusing chemical test triggers automatic 1-year license revocation for first refusal. Refusal admissible at trial as evidence of guilt.
10. Ignition Interlock — Required after second or subsequent DWI. May be required by court for first offenders with BAC .15+.
11. Aggravating Factors — BAC .15+ requires longer SATOP evaluation; child under 17 in vehicle is a separate Class D felony.
12. SIS / SES Pleas — Many first-time offenders can negotiate a Suspended Imposition of Sentence (SIS), preserving a clean record after probation.
This is legal information, not legal advice.
- Any DWI charge — always get an attorney
- Accident with injuries
- Prior DWI convictions
- Persistent or Aggravated Offender status
- Mo. Rev. Stat. § 577.010
- Mo. Rev. Stat. § 577.012
- Mo. Rev. Stat. § 577.041
- Mo. Rev. Stat. § 565.024
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.