Missouri DUI / DWI Laws

Missouri Drunk Driving Laws & Penalties

Missouri law considers an individual a drunk driver if he or she has a blood alcohol level of 0.8% or more in tests given up to three hours after the DWI offense. Breath, saliva, and urine tests may also be used to gauge the level of intoxication. There is a “per se” law in the state of Missouri, which allows the arrest and subsequent conviction of people who have this blood alcohol level even if they can prove their ability to drive was not impaired by alcohol consumption.

What are the penalties for a DUI in Missouri?

1st Offense 2nd Offense 3rd Offense
Jail Up to 6 months Up to 1 year Up to 4 years
Fines and Penalties Up to $500 Up to $1,000 Up to $5,000
License Suspension 30 days 1 year 10 years
IID** Required Possible Possible after 1 year Yes

First Offense DWI in Missouri

A first offense DUI in Missouri carries no mandatory period of incarceration, but a court has the power to order incarceration up to six (6) months

Fines associated with a first offense DUI in Missouri are not to exceed $500, but this amount does not account for costs incurred during license reinstatement, payment of other surcharges and court fees, or even, costs incurred during completion of terms of sentence

First offense convictions influence charging and sentencing of future DUI arrests for a period of five (5) years, with second and subsequent offenses influencing future arrests indefinitely.

Second Offense DWI in Missouri

If you are convicted of a second DUI offense, the following administrative penalties will occur:

  • Driver’s license is suspended for 5 years if your first offense was within the previous 5 years of current offense.
  • An ignition interlock device provided at your own expense is required after reinstatement of your license.
  • $45 License Reinstatement Fee.
  •  If you are convicted of a second DUI offense, the following criminal penalties are possible:
  • A jail sentence of up to 1 year.
  • A fine of up to $1,000.
  • Driver’s license is suspended for 1 year.

Third Offense DWI in Missouri

Consequences of a third offense DWI in Missouri include:

  • A felony charge and up to five years jail time
  • Mandatory drug and alcohol treatment program
  • A fine of up to $5000.00
  • Extended probation
  • A 10 year revocation of your driver’s license
  • A Mandatory Ignition Interlock Device on your vehicle
  • Limited Driving Privileges w/Interlock Device if granted by the court
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