Missouri DWI Laws

DWI Consequences

Conviction of a first DWI is a Class B misdemeanor.

• JAIL: Up to a maximum of six (6) months imprisonment.
• FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.
• PROBATION: The general terms of probation are no drinking, do not break the law, attend SATOP classes, etc. Probation length is usually for 1 to 2 years. A conviction with probation is commonly referred to as a "Suspended Imposition of Sentence" or SIS.
• SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DWI results in a 30 day suspension of driving privileges followed by a 60 day restriction to driving only to and from work, in the course of employment, or to an alcohol treatment program. There are no hardships or exemptions available. This suspension goes on the person's driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-$100.00 to install and $50.00-$100.00 per month to maintain. A conviction will also result in 8 points being assessed against the driver's license.

Second DWI Offense

Conviction of a second DWI within a five year period is a Class A misdemeanor.

• JAIL: Up to a maximum of one year in jail.
• FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00.
• PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 100 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will often be for a one or two year period.
• REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person's driving record. Twelve points are assessed against the driver's license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-$100.00 to install and $50.00-$100.00 per month to maintain.

Third or Subsequent DWI Offense

Three or more DWI's within your lifetime may mean that the driver is eligible to be charged as a Class D Felony (Third charge lifetime), Class C Felony (Fourth charge lifetime) and Class B (Fifth or more charge lifetime). There will also be a 10 year denial of driving privileges.

• JAIL: Up to five (5) years in prison on a Class D, Up to seven (7) years in prison on a Class C; Minimum of 5 years up to 15 years in prison on a Class B.
• FINE: Up to $5,000.00, plus court costs of between $10.00 to $100.00.
• PROBATION: Missouri law prohibits a suspended imposition of sentence for a felony DWI. The defendant is then placed on a probation, the length is determined by the severity level of the felony, general 3-5 years.
• REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI, the defendant's driver's license is revoked for 10 years regardless of how old the two prior convictions are. These suspensions go on the person's driving record. If convicted of a felony DWI, no hardship license is available. If the DWI is a third, but not a felony, a hardship license may be applied for after 3 years. The court must also require that a person is restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-$100.00 to install and $50.00-$100.00 per month to maintain.