What happens if I get a DWI in Missouri?
Missouri uses a graduated DWI structure with priority for treatment-based dispositions and DWI Courts, and offers Suspended Imposition of Sentence (SIS) for many first-time offenders.
1. Per Se BAC Standard
Mo. Rev. Stat. § 577.010 sets adult DWI at any impairment; § 577.012 sets the per se "Driving with Excessive BAC" at 0.08%; commercial limit is 0.04% under § 302.755; under-21 "Abuse and Lose" limit is 0.02% under § 577.005.
2. Implied Consent
Mo. Rev. Stat. § 577.020 requires submission to chemical testing. First refusal triggers a 1-year license revocation by the Department of Revenue. The revocation is separate from the criminal case and can be challenged via a Petition for Review filed within 30 days in circuit court.
3. First-Offense Penalties
Class B misdemeanor first DWI under § 577.010: up to 6 months county jail, up to $1,000 fine, 30-day hard suspension followed by 60-day restricted driving privilege with ignition interlock under § 302.525, mandatory Substance Abuse Traffic Offender Program (SATOP), and 2-year probation. SIS may be granted to avoid a conviction record.
4. Enhancements
"Persistent offender" (2 prior DWIs) under § 577.001 elevates to Class E felony; "aggravated offender" (3 priors) is Class D felony; "chronic offender" (4 priors) is Class C felony. DWI causing serious physical injury (§ 565.060) is Class C felony; DWI causing death (§ 565.024) is Class B felony with 5-15 year sentence. Minor passenger under 17 adds Class D misdemeanor under § 577.029.
5. Administrative License Suspension (ALS)
The officer issues a 15-day driving permit; you have 15 days to request an administrative hearing with the Department of Revenue or the 90-day suspension/1-year revocation takes effect automatically.
6. Court Process
Arraignment in associate circuit court, preliminary hearing (if felony), motions practice (Mo. Sup. Ct. R. 24), plea negotiations (DWI Court referral common), and 6-12 person jury trial.
7. Long-Term Consequences
SR-22 insurance for 2 years post-reinstatement, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DWI may be expunged after 10 years for a single first-offense conviction under § 577.054 (one lifetime expungement).
This is legal information, not legal advice.
- First DWI seeking SIS to avoid conviction record
- Persistent / aggravated felony DWI offender enhancement
- CDL holder facing commercial disqualification
- Mo. Rev. Stat. § 577.010
- Mo. Rev. Stat. § 577.020
- Mo. Rev. Stat. § 302.525
- 49 C.F.R. § 383.51
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.