Latest Article

Drunk Driving Fatalities Higher at Night

Understanding the dangers of drunk driving at night.

Missouri DUI Law Information

Drivers arrested for driving while intoxicated (DWI) in Missouri may be charged with DWI and face jail time, fines, and a driver’s license suspension.

Missouri DWI defined

In Missouri a person commits the crime of driving while intoxicated (DWI) if such person “operates a motor vehicle while in an intoxicated or drugged condition” or they operate a motorized vehicle with an “excessive blood alcohol content,” which is defined as having an eight-hundredths of one percent (.08) or more by weight of alcohol in such person’s blood.  Percent by weight of alcohol in the blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.” Driving under the influence of drugs is included in Missouri’s DWI statute. (Missouri Statute §577.010, §577.001, §577.012, §577.012, §577.037)

Missouri Look Back period: 5 years

If a driver’s second or third driving infraction occurs during the look back period the DWI penalties can be substantially increased. The date begins on the date of the first DWI arrest.

Criminal DUI Penalties in Missouri

First DWI offense:
(Class B Misdemeanor)

  • No mandatory incarceration but the courts have the power to order up to 6 months of incarceration
  • Fines up to $500 but this fine does not include costs for license reinstatement, surcharges, or court fees
  • Mandatory attendance in an alcohol SATOP class
  • Probation of 1 to 2 years
  • Potential installation of an ignition interlock device
  • 8 points on your driving record
  • License suspension for 30 days followed by 60 days of restricted driving privileges

Second DWI offense:
(Within 5 years)
Class A Misdemeanor 

  • Jail time of 48 hours up to one year; community service may be required in lieu of jail
  • Fines up to $1,000 but this fine does not include costs for license reinstatement, surcharges, or court fees
  • Mandatory attendance in an alcohol SATOP class
  • Probation of 1 to 2 years but it is only available if you serve at least 10 days in jail and perform 240 hours of community service
  • Mandatory installation of an ignition interlock device
  • 8 points on your driving record
  • License suspension for 5 years and you will have to wait 2 years before you receive a hardship for the remaining 3 years of suspension

Third DUI offense:
(Class D Felony)
(Within 5 years)

  • Maximum of 4 years in jail, 10 days must be served before probation; Jail may be waived in lieu of 60 days of community service
  • Fines up to $5,000, but this fine does not include costs for license reinstatement, surcharges, or court fees
  • Mandatory attendance in an alcohol SATOP class
  • Probation of 1 to 2 years, but it is only available if you serve at least 10 days in jail and perform 240 hours of community service
  • Mandatory installation of an ignition interlock device
  • License suspension for 10 years if the third offense is within 10 years of the previous two offenses; the court has discretion to grant a hardship license

Administrative Penalties in Missouri

Drivers in Missouri have given their implied consent to submit to a chemical test if they have been arrested for DWI. Failure to consent to the required testing may result in administrative penalties which are administered by the Missouri Department of Revenue and are imposed regardless of whether the driver is ultimately convicted for DWI.

Drivers who refuse to submit to a chemical test at the time of their DWI arrest will be given notice of the refusal at the time of the arrest. Their Missouri license will also be confiscated, and they will be issued a 15 day temporary permit to drive.

To challenge an administrative suspension, drivers must request an administrative hearing within 15 days by contacting the Missouri Department of Revenue. If the court upholds the arrest and the driver does not win their challenge, they must serve the full license suspension and meet reinstatement requirements to resume driving.

Penalties in Missouri for a chemical test refusal:

  • First test refusal: automatic one year license suspension
  • Second test refusal: 1 year license revocation; ignition interlock device must be installed
  • Third test refusal: 1 year license revocation; ignition interlock device must be installed

 

(Read more: - state laws )



Related Pages